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Full text of "North Carolina Register v.5 no. 21 (2/1/1991)"

The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




EXECUTIVE ORDERS 
FINAL DECISION LETTERS 

PROPOSED RULES 

Agriculture 

Economic and Community Development 

Environment, Health, and Natural Resources 

Human Resources 

Landscape Architects, Board of 



FINAL RULES 




Correction 


RECEIVED 


Revenue 


FEB 8 1991 


Transportation 


Ef^W UBRARY 



ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: FEBRUARY 1, 1991 
Volume 5 • Issue 21 • Pages 1245-1302 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\'e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise appro.ximately fifty pages per 
issue of legal te.xt. 

State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North CaroUna 
Register is available by yearly subscription at a cost of 
one hundred and five dollars ($105.00) for 24 issues. 
Requests for subscriptions to the Nortli Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agenc>' intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments ma\' be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\'al by 
the Administrati\e Rules Review Commission. Upon ap- 
pro\al of ARRC, the adopted or amended rule must be 
filed with the Office of Administrative Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effective 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\'e Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 day 
whiche\er is less. An agency adopting a temporary ru 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrati\'e rules 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter siz 
single spaced pages of material of which approximat 
Iv 35% is changed annuallv. Compilation and public 
t'ion of the NCAC is mandated by G.S. 150B-63(b) 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down by chapters. Title 21 is designat( 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimu 
cost of two dollars and 50 cents ($2.50) for 
pages or less, plus fifteen cents ($0.15) per ea( 
additional page. 

(2) The full publication consists of 53 \olum( 
totaling in excess of 15,000 pages. It is si 
plemented monthly with replacement pages, 
one year subscription to the full publication 
eluding supplements can be purchased f 
seven hundred and fifty dollars ($750.00) 
dividual \ olumes may also be purchased wi 
supplement service. Renewal subscriptions f 
supplements to the initial publication a\ailab 

Requests for pages of rules or volumes of the NCy 
should be directed to the Office of Administrati 
Hearings. 

NOTE 



I 



i 



The foregoing is a generalized statement of the p 
cedures to be followed. For specific statutory langua 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is chedhy volume, iss 
page number and date. 1:1 NCR 101-201, April 1, 19 

refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 198 



North Carolina Register. Published bi-monthl\- by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and fi\e dollars ($105.00) per year 

North Carolina Administrative Code. Published in 
looseleat notebooks with supplement ser\ice b\- the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Satutes. Subscriptions 
se\en hundred and fifty dollars (S750.00). Indi\idua 
volumes a\ailable. 



I 



r 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, AC 27611-7447 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella St., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick. 

Editorial .issisiant 
Jean Shirley, 

Editorial Assistant 



ISSUE CONTENTS 



I. EXECUTrV E ORDERS 

Executive Orders 129-130 1245 

IE EINAL DECISION LETTERS 

Voting Rights Act 1246 

III. PROPOSED RULES 

Agriculture 

Plant Protection 1248 

State Fair 1248 

Economic and Community 
Development 
Credit Union Division 1251 

Environment, Health, and 
Natural Resources 

Coastal .Management 1271 

Water Treatment Facility 
Operators Bd of 
Certification 1272 

Human Resources 

Facility Services 1251 

Social Services 1262 

Youth Ser\'ices 1268 

Licensing Board 
Landscape Architects, Bd. of ...1273 

rV\ FINAL RULES 

Correction 

Division of Prisons 1274 

Revenue 

Individual Income Tax 1277 

Transportation 

Motor Vehicles 1290 

V. ARRC OBJECTIONS 1294 

VI. RULES r\TALID.\TED BY 

JUDICIAL DECISION 1297 

VII. CUMULATIAE INDEX 1299 



NORIH CAROLINA RFX.ISTKR 

Publication Schedule 

(April 1990 ■ December 1991) 



Issue 


Last Dav 


Last Dav 


Farliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


******** 


****++++ 


++*+++*+ 


**+*+**+ 


******** 


04 02 90 


03,12/90 


03,19 90 


05 02,90 


08,01 90 


04 16 90 


03 23,90 


03,30 90 


05,46/90 


08,01 90 


05 01 90 


04 09 90 


04 17 90 


05 '31, 90 


09 0190 


05 15 90 


04 24 90 


05,01 90 


06 14 90 


09 01 90 


06 01 90 


05 10 90 


05,17 90 


07,01,90 


10 0190 


06 15 90 


05 24 90 


06 01 90 


07'15 90 


10 01 90 


07,02,90 


06 11, -90 


06,18 90 


08 01 '90 


11,01 90 


07 16 90 


06,/2290 


06,29 90 


08' 15,90 


11,0190 


08 01 90 


07 11 90 


07,' 18 90 


08 '3 1,-90 


12 0190 


08 15 90 


07 25 90 


08,01,90 


09 14,90 


12 0190 


09 04, 90 


08 13 90 


08,20,90 


10 04 90 


01,01,91 


09 14 90 


08 24 90 


08,31,90 


10 14,90 


01 01'91 


10 01 90 


09 1090 


09 17 90 


10 31,90 


02 0191 


10 15 90 


09,25 90 


10,0290 


11 14 90 


02,0191 


11 01 90 


10 11 90 


10,18 90 


11 30 90 


03 01 91 


11 15 90 


10 24 90 


10,31 90 


12 14 90 


03 01 91 


12 03 90 


11 08 90 


11 15 90 


01,0291 


04 01 91 


12 14 90 


1121,90 


11,3090 


0113,91 


04 01 91 


01 02 91 


1207 90 


12 14 90 


02 01 91 


05 01 91 


01 15 91 


12 20 90 


12,31 90 


0214 91 


05 01 91 


02 0191 


01,1091 


01 17 91 


03 03,91 


06 01,91 


02 15 fU 


01 25 91 


02 01 91 


03 17,91 


06 01 91 


03 01 91 


02 08 91 


02 15 91 


03 31,91 


07 01 91 


03 15 91 


02 22 91 


03 01 91 


04 14 91 


07 01 91 


04 01 91 


03 11 91 


03 IS 91 


05 01,91 


08 0191 


04 15 91 


03 22 91 


04 01 91 


05 15,91 


08 01 91 


05 01 91 


04 10 91 


04 17 91 


05 3191 


09 01 91 


05 15 91 


04 24 91 


05 01 91 


06 14 91 


09 01 91 


06 03 91 


05 10 91 


05 17 91 


07 03 91 


10 01 91 


06 14 91 


05 23 91 


05 31 91 


07 14 91 


10 01 91 


07 01 91 


06 10 91 


06 17 91 


07 31 91 


11 01 91 


07 15 91 


06 21 91 


06 2S 91 


08 14 91 


11 01 91 


OS 01 91 


07 11 91 


07 18 91 


OS 31,91 


12 01 91 


OS 15 91 


07,25 91 


08 01 91 


09 14 91 


12 01 91 


09 03 91 


08 12 91 


08 19 91 


10 03 91 


01 01 92 


09 16 91 


08 23 91 


OS 30 91 


in 16 91 


01 01 92 


10 01 91 


09 10 91 


09,17 91 


10 31 91 


02 01 92 


10 15,91 


09 24 91 


10 0191 


11 1491 


02 1 92 


11 01 91 


10 11 91 


10 18 91 


12 01 91 


03 01 92 


11 15 91 


10 24 91 


10 31 91 


12 15 91 


03 01 92 


12 02 91 


11 07 91 


11 14 91 


01 01 92 


04 01 92 


12 16 91 


11 21 91 


12 02 91 


01 15 92 


04 1 92 



* The "Eariiesl Effccth-e Date" is compuicd assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Dale", that the agency files the rule with The Administrathe Rules Re\iew 
Commission bv the 20th of the same calendar month and that ARRC approves 
the nde at the next calendar month meeting. 



EXECUTIVE ORDERS 



EXECUTIVE ORDER NUMBER 129 

AMENDING EXECUTIVE ORDER NUMBER 121 

GOVERNOR'S MINORITY, FEMALE AND 

DISABLED-OUTS ED BUSINESSES 

CONSTRUCTION CONTRACTORS ADVISORY 

COMMITTEE 

By the authority vested in me as Governor by 
the Constitution and laws of North Carolina, IT 
IS ORDERED: 

Executive Order Number 121 is amended, as 
follows: 

Section 4. Membership. The membership of 
the Committee shall be comprised of at least the 
foUowing 17 members to be appointed by, and 
serve at the pleasure of the Governor... 

(D) The Secretary of the Department of Ad- 
ministration or his designee and the Sec- 
retary of the Department of 
Transportation or his designee will serve 
as ex-officio, non-voting members. 

This order is effective immediately. 

Done in Raleigh, North Carolina, this the 14th 
day of December, 1990. 

EXECUTIVE ORDER NUMBER 130 

SUPPLEMENTING EXECUTIVE ORDER 

NUMBER 114 

Reference is made to Executive Order Number 
114 dated May 8, 1990. 

It has been determined from the continuing 
survey of the collection of revenues for the 
1990-91 fiscal year made by the Office of State 
Budget and Management that unless economies 
are effected in State expenditures in addition to 
those heretofore effected, the State will incur a 
deficit in the administration of its General Fund 
budget. 



THEREFORE, pursuant to authority granted to 
the Governor by Article III, Sec. 5(3) of the 
Constitution and to fulfill the duties required of 
the Governor thereunder: 

1. It is found as a fact that based on General 
Fund revenue collections through December 
31, 1990, and projections for the collection 
of these revenues through June 30, 1991, 
actual receipts of General Fund revenues for 
the 1990-91 fiscal year will not meet those 
anticipated and budgeted by the 1989 Gen- 
eral Assembly. 

2. From this fact it is determined and con- 
cluded that unless additional economies in 
State expenditures are made, the State's 
General Fund expenditures will exceed 
General Fund receipts for the biennium. 

3. To insure that a deficit is not incurred in the 
administration of the General Fund budget 
for the 1989-90 biennium, the following ad- 
ditional economies in State expenditures are 
found to be necessary and are hereby OR- 
DERED: 

Section ]^ Effective January 9, 1991, and untU 
further notice, except those for which prior 
commitments have been made, vacant positions 
in those agencies of State Government funded 
by General Fund appropriations may not be 
filled, without prior written approval of the Of- 
fice of State Budget and Management. 

Section 2^ This Order shall become effective at 
10:00 a.m., January 9, 1991, and shall remain in 
effect until rescinded by further Executive Order. 

Done at 10:00 a.m., in the Capital City of 
Raleigh, North Carolina, this 9th day of January, 
1991. 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1245 



lOTI.XG RIGHTS ACT FINAL DECISION LETTERS 



[G.S. J2U-30.9IJ. effective July 16. 1986, requires that all letters and other documents issued by the 
Attorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of 1965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:JRN:lrj 

DJ 166-012-3 Voting Section 

90-3789 P.O. Box 66128 

Washington, D.C. 20035-6128 



December 5, 1990 



DeWitt F. McCarley, Esq. 

Citv .-\ttomev 

P.C3. Box 7207 

Greenville, North Carolina 27835-7207 

Dear Mr. .McCarlev: 



This refers to the three annexations [Ordinance Nos. 2221, 2222, and 2230 (1990)] and the desig- 
nation of the annexations to Districts 1, 2, and 3 for the City of Greenville in Pitt County, North 
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, 
as amended. 42 U.S.C. 1973c. We received your submission on October 9, 1990. 

The Attorney General does not interpose any objection to the specified changes. However, we 
note that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the 
enforcement of the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



J. Gerald Hebert 
Acting Chief, Voting Section 



1246 5:21 NORTH CAROLINA REGISTER February I, 1991 



VOTING RIGHTS ACT FINAL DECISION LETTERS 



JRD:MAP:TGL:mrj:rac 

DJ 166-012-3 

90-3761 

90-3762 



U.S. Department of Justice 
Civil Rights Division 



Voting Section 
P.O. Box 66128 
Washington, D.C. 20035-6128 



December 21, 1990 



Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P.O. Box 1151 
Raleigh, North Carolina 27602 

Dear Mr. Crowell: 

This refers to the change in the method of election from at large to three single-member districts 
and two at-large positions elected by limited voting, and the districting plan for the Town of 
Williamston in Martin County, North Carolina, submitted to the Attorney General pursuant to Section 
5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your partial responses 
to our September 18, 1990, request for additional information (copy enclosed) on October 22, and 
December 13 and 14, 1990. 

This also refers to the Town of WiUiamston's submission under Section 5 of the January 22, 1990, 
annexation. We received vour most recent submittals with respect to this matter on December 13 and 

14, 1990. 

The Attorney General does not interpose any objection to the submitted annexation. However, 
we note that the failure of the Attorney General to object does not bar subsequent htigation to enjoin 
the enforcement of the change. In addition, as authorized by Section 5, we reserve the right to reex- 
amine this submission if additional information that would otherwise require an objection comes to 
our attention during the remainder of the sixty-day review period. See the Procedures for the Admin- 
istration of Section 5 (28 C.F.R. 51.41 and 51.43). 

With respect to the change in method of election and districting plan, we understand that the town 
intends to adopt an alternative election method. In addition, a determination under Section 5 would 
be inappropriate at this time as the information provided in response to our September 18, 1990, re- 
quest is incomplete and would not allow us to determine that the changes satisfy the Section 5 non- 
discrimination standards. The sixty-day review period under Section 5 wiQ begin when we receive the 
town's submission of the new election plan (or when we receive the information specified in our Sep- 
tember 18, 1990, letter). See 28 C.F.R. 51.9 and 51.37. 



Sincerely, 



John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



J. Gerald Hebert 
Actiag Chief, Voting Section 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1247 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF 
AGRICULTURE 

1\ otice is hereby g'nen in accordance with G.S. 
1 508- 1 2 that the N.C. Board of Agriculture in- 
tends to repeal rule(s) cited as 2 NCAC 20B 
.0403. 

1 he proposed effective date of this action is June 
1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on March 12, 1991 at the Board Room, Ag- 
riculture Bldg., 1 W. Edenton St., Raleigh, NC. 

\^ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Dcnid S. McLeod, Secretary 
of the North Carolina Board of .Agriculture, P. 
O. Box 27647, Raleigh, NC 27611. 

CHAPTER 20 - THE NORTH CAROLINA STATE 
FAIR 

SUBCHAPTER 20B - REGULATIONS OF THE 
STATE FAIR 

SECTION .0400 - OPERATION OF STATE FAIR 
FACILITIES 

.0403 CLASSIFICATION OF LESSEE 

Statutory- Authority G.S. 106-503. 

****************** 



ly otice is hereby given in accordance with G.S. 
150B-12 that the N.C. Board of Agriculture in- 
tends to amend rule(s) cited as 2 NCAC 48 A 
.1110; 48C .0001, .0002, .0004, .0005. .0006. 
.0018, .0023 and adopt 2 NCAC 48C .0028. 

1 he proposed effecth'e date of this action is June 
1, 1991. 



1 he public hearing will be conducted at 10:00 
a.m. on March 12. 1991 at the Board Room. .Ag- 
riculture Bldg., 1 W. Edenton St., Raleigh, A'C. 

\^ omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to David S. McLeod, Secretary 
of the North Carolina Board of .Agriculture, P. 
O. Box 27647, Raleigh, NC 27611. ^ 



CHAPTER 48 - PLANT INDUSTRY 

SUBCHAPTER 48A - PLANT PROTECTION 

SECTION .1 100 - TOBACCO PLANT 
CERTIFICATION 

.1110 STANDARDS 

(b) All certified tobacco plants offered for sale 
or imported under permit into North Carolina 
shall meet the following requirements: 

(2) All plants shall be field inspected a mini 
mum maximum of throo five days prior to 
their being offered for sale in North 
Carolina. 

Statutory Authority G.S. 106-65.45; 106-65.46; 
106-284.18; 106-420. 

SUBCHAPTER 48C - SEEDS 

.0001 SAMPLING: ANALYZING: 

TESTING SEED AND TOLERANCES 

The procedure for sampling seed by inspectors, 
the analyzing and testing of seed in the laboratory 
and tolerances permitted, shall be the same as 
approved by the Association of Official Seed 
Analysts; ef i'Vmorioa as »f Juno 19S3; provided 
that the permitted tolerances shall not apply to 
Johnoon graso, crotalaria, balloon vino, 
jimoonwood. witchwood, »f itchgrass 

Balloonvine, Shou"v Crotalaria, Smooth 
Crotalaria, Itchgrass, Jimsonweed, Johnsongrass, 
Serrated Tussock or Witchweed when contained 
in any agricultural seed; and a maximum of five 
percentage points tolerance on germination wlU 
be applied on stated minimum germination 
standards. 

Statutory' Authority G.S. 106-277.9; 106-277.15. 

.0002 NOXIOUS WEED SEED LIST 

The following weed seeds are classified as pro- 
hibited no.xious or restricted noxious: 
(1) PROHIBITED: 
(^ (a} Balloon vifi« Balloonvine 

--Cardiospermum halicacabum L^ 
(*) (b) Crotalaria, Showy -Crotalaria 

spectabHis 7 andor pallida Roth; 
(c) Crotalaria. Smooth--Crotalaria pallida 

Alt.: 
(4^ [d] Itchgrass--Rottboellia e xaltata; 

cochinchmensis (Lour.) W. ClaMon; 
f4) [e] Jimsonweed-Datura stramonium L^ 
(^ {£1 Johnson grass Johnsongrass —Sorghum 

halepense (L.) Pers.; 
(g) Sorratod tussock Tussock, Serrated 

— Nassella trichotoraa (Nees) Hack.; 



1248 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



{^ (h) \Vitchvveed--Striga asiatica (L.) Ktze.; 


arv'ensis L. 


27 seeds 


(2) RESTRICTED: 


(d) Bindweed, Hedge-Calystegia 


Limitations 


sepium (1.) R.Br. 


27 seeds 


Per 1 lb. of Seed 


(e) Cockle, Com--Agrostemma 


(&) Nutsodge Cyperus rotundus, 3 tubers ef 


githago E. 


10 seeds 


and'Or oi.culontuD ^ ooodo 


(f) Cocklebur--Xanthium spp. 


4 seeds 


ffe4 Bloowd Thiotlo CniouD bcnodictus 


(g) Cornflower (Ragged Robin)-- 


4 Goods 


Centaurea cvanus E. 


27 seeds 


fe) Cocldobur Xanthium sp^ 4 c.oods 


(h) Dock, Broadleaf--Rumex 




(4^ Sandbur Conchrus sp^ 4 ooodo 


obtusifolius E. 


54 seeds 


(e> Sicldopod Caosia obtuoifolia 


(i} Dock, Curly-- Rumex 




4 floods 


crispus E. 


54 seeds 


(^ Spurred Anoda Anoda cristata 


(1) Dodder- Cuscuta spp. 


54 seeds 


4 soods 


(k) F-'oxtail, Giant --Setaria 




(^ Veh'-etleaf Abutilon thoophraoti 


faberi Herrm. 


54 seeds 


4 ooodo 


(1) GarUc, Wild-AUium spp. 




^ Wa4 Onion and or W4;4 Garlic Allium 


Small grains or larger 




gppr Small grains ©f larger soods 


seeds 


4 bulblets 


4 bulblots 


Grasses and small seeded 




Grasses aft4 small soodod logumoo 


legumes 


27 bulblets 


¥1 bulbloto 


(m) Horsenettle-Solanum 




(4^ Morning glor.'. '■sild. afi4 giant 


carolinense E. 


54 seeds 


Morning glor/ 


(n) .Momingglorv— Ipomoea 




Ipomoea sppr ^ ooodo 


spp. 


8 seeds 


(j^ Comcocldo Agrootomma githago 


(o) Mustard, Wild et al- 




■W ooodo 


Brassica spp. 


54 seeds 


(It-} Wdd Radi'jh — Raphanus raphaniotrum 


(p) Nutsedge. Purple— 




\2 ooodo 


Cvperus rotundus 


2 tubers or 


(i^ Bormudagraoo Cynodon dactvlon 


E. 


27 seeds 


3? ooodo 


(q) Nutsedge, Yellow-Cyperus 2 tubers or 




esculentus E. 
(r) Onion, Wild--Allium spp. 




3^ ooodo 




(ft} nindv.'ood Consohuluo sp^r 


Small grains or 




3? ooodo 


lareerseeds 


4 bulblets 




Grasses and small 
seeded legumes 




(Icnown ift North Carolina 


27 bulblets 


a« Plagued Robin) ¥1 ooods 


(s) Panicum, Texas- -Panicum 






texanum Buckl. 27 seeds 
(t) Plantain, Bracted- -Plantago 


3^ ooodo 


(^ Bracted plantain — Plantago ariotata 


aristata Michx. 


54 seeds 


%4 soodo 


(u) Plantain, Buckhom-- Plantago 


(f) Ruckhom plantain — Plantago 


lanceolata E. 


54 seeds 


lancoolata ^ ooodo 


(v) Quackgrass--El\1rieia repens 




(E.) Nevski 


54 seeds 




obtuoifolia ^ ooodo 


(w) Radish, Wdd— Raphanus 




(t^ Dodder Cuoouta sppr ^ ooodo 


raphanistrum E. 


12 seeds 


(tt^ Giant foxtail — Sotaria fabori -^ ooodo 


(x) Sandbur--Cenchrus spp. 


4 seeds 




(v) Sicklepod--Cassia 
obtusifolia E. 




^ ooodo 


4 seeds 




(z) Thistle, Blessed— Cnicus 








^ ooodo 


benedictus E. 


4 seeds 


(*^ Wi^ mustard et- al Brasoica spfr 


(aa) Thistle, Canada--CLrsium 




^ ooodo 


ar\'cnse (E.) Scop. 


27 seeds 


(a) /Vnoda, Spurred--Anoda cristata 


(bb) Velvetleaf-Abutilon 




(L.) Schlecht. 4 seeds 


theophrasti Medicus 


4 seeds 


(b) Bermudatn-ass-Cvnodon dactvlon 






(E.) Pcrs. 27 seeds 


Statutory Authority G.S. 106-277: 


9: 106-277.15. 


(c) Bindweed, Field--Convol\'ulus 







5:21 NORTH CAROLINA REGISTER February I, 1991 



1249 



PROPOSED RULES 



.0004 PROHIBITIONS 

The sale of any seed containing JohnGon graos, 
Jim ' ionv i ood, Crotalaria, Witchwood, Balloon 
vint', Itchgra i. o. ef Sorratod tus ' jook Balloonvine, 
ShowT Crotalaria, Smooth Crotalaria, Itchgrass, 
Jimsonweed. Johnsongrass. Serrated Tussock, or 
Witchweed is prohibited. 

Statutory^ Authority G.S. 106-277.15. 

.0005 PROHIBITED SALES 

The sale of any agricultural seed containing 

which contain any of the follcving weed seeds 

listed below in excess of the stated limitation per 

pound of crop seed is prohibited: 

( 1 ) ov e r tu o Purple Nutsedge and or bellow 

Nutsedge tubers; pef U*rT 
(2j os' e r four Blcoscd 1 hif ' tlt ' . Spurred Anoda, 
Cocklebur, Sandbur, Sicklepod, Spurred 
Anoda, Blessed Thistle, Vehetleaf, Wild 
Radish or Wild Onion and/or Wild Garlic 
(in small grains or larger seeds); 

(3) over eight Wti4 Monimg glop/ and or Giant 
Morning gloP i ' (moonflower); Morning 
.glory'; 

(4) B¥ef 10 ComcocklL'; Com Cockle; 

(5) e¥«* 12 Wild Radish; 

(6) over 27 Bermundagrass, Field Bindweed, 
Hedge Bindweed, Cornflower. Purple 
Nutsedge, bellow Nutsedge seeds, Texas 



and or \\ild Garlic (in grasses and small 
seeded legumes); Bermuda grar i f i . C - anuda 
thi 'i tlo. Bindv i ood, Cornflower. T e .xQ ' j 
pamcum en^ Nut - j e dg e ooodo; 
(7) c e r ^^ BractL'd Plantain, Buckhom 
Plantain. Broadleaf Dock. Curlv Dock, 
Dodder. Cjiant P'oxtail, Horsenettle, Wild 



Plantain or Quackgrass. »f Wild MuL . tard 
e+ air 

Statutory Authority G.S. 106-277.9; 106-277.15. 

.0006 PROHIBITED SALES: EXCESS 
OF 144 NOXIOLS WEED SEEDS 

The sale of any agricultural seed containing in 
e.xcess of 144 noxious weed seeds per pound of 
crop seed, when occurring singly or in any com- 
bination, is prohibited. 

Statutory Auihorily G.S. 106-277.15. 

.0018 GERMINATION ST.\NDARDS 
FOR VEGETABLE SEEDS 

T he following germination standards shall apply 
to vegetable seeds offered or exposed for sale for 
seeding purjioses and shall be construed to in- 
clude hard seed where applicable: 



Porcont 

Artichok e 60 

Aoparagus W^ 

Buano, garden -74 

Bcanfi, liiw* 50 

B^*4* 45 

Broccoli ^ 

Brusf . els sproutf p 70 

Com — Swoot ^ 

Cov i poa 50 

Crof . o, garden 40 

Cro ' ifj, vrat e r 34 

('ucumbor 80 

Dandolion 45 

\^ I4a«t' 60 

Cabbage 55 

Carrot 55 

Cauliflower 55 

Cel e ry aft4 coleriac 55 

Chicory 45 

Citron 45 

CoUards 80 

Pqq.~ ^ 

Popper 55 

Pumpkin 55 

Radit . h 55 
•*• Including hard ooodo 



Percent 

40 



Panicum. Canada Thistle or Wild Onion Artichoke 



Mustard et ah Bracted Plantain, Buckhom Carrot 



Asparagus 
Bean, garden 
Bean, lima 
Beet 
Broccoli 
Bmssels sprouts 
Cabbage 



Cauliflower 

Celeriac 

C?eler\- 

Chard. Swiss 

Chicon' 

Citron 

CoUards 

(?om--sweet 

Cowpea 

Cress, garden 

Cress, w'ater 

Cucumber 

Dandelion 

Eggplant 

Endive 

Kale 

Kohlrabi 

Eeek 

Eettuce 



Rhubarb 
Rutabaga 

Endiv e 

Kohlrabi 

Lettuce 

Mufikm e lon 

Muotard 

Q]-j.j 

Onion 
Paniey 
Paj ' jnip 
Soybean 
Spinach (except 
New Zealand) 
Spinach, 
No' i ' i ' Zealand 
Squaoh 
Swiss chard 



b«« 



Tomato 
Tomato, 
Turnip 
Watermelon 



55 
^ 
50 

55 
55 
40 

m 

50 
50 
40 
40 

55 

40 

40 

55 
45 
:^ 
50 

m 

50 



Percent 
60 
70 
70 
70 
65 
75 
70 
75 
55 
75 
55 
55 
65 
65 
65 
80 
75 
70 
75 
40 
80 
60 
60 
70 
75 
75 
60 
80 



1250 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



Muskmelon 75 

Mustard 75 

Okra 50 

Oruon 70 

Parsley 60 

F^arsnip 60 

Pea 80 

Pepper 55 

Pumpkin ''' 75 

Radish 75 

Rhubarb 60 

Rutabaga 75 

Salsify 75 

Soybean 75 

Spinach 60 

Spinach, New Zealand 40 

Squash 75 

Tomato 75 

Tomato, husk 50 

Turnip 80 

Watermelon 70 

Statutory Authority G.S. 106-277.15. 

.0023 ANALYSIS FOR FARMERS OR 
SEEDMEN 

(f) The fee for testing small grain seed for 
Loose Smut shall be fifteen dollars ($15.00) per 
sample. 

Statutory Authority G.S. 106-277.15. 

.0028 MIMMLM HYBRID STANDARDS 

For seed labeled as hybrid, the minimum 
hybridity for field com, grain sorghum and to- 
bacco shall be 95 percent. For other kinds of 
seed labeled as hybrid, the minimum hybridity 
shall be 75 percent. 

Statutory Authority G.S. 106-277.15. 

TITLE 4 - DEPARTMENT OF ECONOMIC 
AND COMMLiNITY DEVELOPMENT 



lyotice is hereby given in accordance with G.S. 
I50B-12 that the ECD, Credit Union Division in- 
tends to adopt rule(s) cited as 4 NCAC6C .0408. 

1 he proposed effective dale of this action is June 
1, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on March 15, 1991 at the Dobbs Building, 
Room 4228, 430 North Salisbury Street, Raleigh, 
North Carolina 27603. 



Co 



comment Procedures: Any interested person 
may present his/her comments either in writing 
three days prior to or at the hearing or orally at 
the hearing for a maximum of ten minutes. Any 
person may request information by writing or 
calling Mr. Stanley W. Brown, Jr., Credit Union 
Division, 430 North Salisbury Street, Raleigh, 
North Carolina 919-733-7501. 

CHAPTER 6 - CREDIT UNION DIVISION 

SUBCHAPTER 6C - CREDIT UNIONS 

SECTION .0400 - LOANS 

.0408 SALE OF LOANS 

(a) A credit union may sell its loans provided 
the Board of Directors or designated Committee 
approves the sale and a written agreement and a 
schedule of loans covered by the agreement are 
retained in the credit union office. 

(b) A credit union may not sell loans with re- 
course without the permission of the Adminis- 
trator of Credit Unions. 

(c) A credit union may agree to service any 
obligation it purchases or sells in whole or in 
part. 

Statutory Authority G.S. 54-109.12; 
54-109.21(9); 54-109.21(25); 54-109.22. 

TITLE 10 - DEPARTMENT OF HUMAN 
RESOURCES 

lyotice is hereby given in accordance with G.S. 
I50B-12 that the Division of Facility Services in- 
tends to amend rule(s) cited as 10 NCAC 3 J 
.2401. 

1 he proposed effective date of this action is June 
I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on March 6, 1991 at the Disability Determi- 
nation Service, 321 Chapanoke Road, Raleigh, 
North Carolina. 



Co 



'Omment Procedures: Any interested person 
may present comments in writing at least three 
days prior to or at the hearing or make an oral 
presentation at the hearing for a maximum of ten 
minutes. Any person may request information by 
writing or calling Jackie Sheppard, Division of 
Facility Services, 701 Barbour Drive, Raleigh, 
North Carolina, (919) 733-2342. 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



1251 



PROPOSED RULES 



CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3J - THE OPERATION OF 
LOCAL CONFINEMENT FACILITIES 

SECTION .2400 - OPERATIONS MANUAL FOR 
JAILS 

.2401 REQUIREMENT FOR OPERATIONS 
MANUAL 

Within 44 months aft«f the offoctivo 4ateef tfeis 
Ruli? lifFective January J_^ 1992, the sheriff or the 
administrator of a regional jail shall develop 
written policies and procedures that describe how 
the jail will be operated. 

Statutory Authority G.S. I53A-22I. 



l\ ot/ce is hereby given in accordance with G.S. 
J SOB- J 2 that the Medical Care Commission (Di- 
vision of Facility Services) intends to amend 
nde(s) cited as 10 NCAC 3T .0/02. .0202 - .0203, 
.0501, .0601 - .0602, .0802 - .0803; and adopt 
rule(s) cited as 10 NCAC 3T .0603, .J/0/ - .///5, 
.120/ - ./2//. 

1 he proposed effective date of this action is June 
/, /99/. 

1 he public hearing will be conducted at 9:30 
a.m. on March 15, /99/ at the Division of Facility 
Setyices, Room 20/, Council Building, 70/ 
Barbour Drive, Raleigh, North Carolina 27603. 



Co 



'Omment Procedures: Written comments 
should be submitted to Jackie Sheppard, 70/ 
Barbour Drive, Raleigh, North Carolina 27603 by 
March /5, /99/. Oral comments may be given at 
the hearing. 

SUBCHAPTER 3T - HOSPICE LICENSING 
RULES 

SECTION .0100 - GENERAL INFORMATION 

.0102 DEFINITIONS 

The foUowing definitions will apply throughout 
this Subchapter: 

(1) "Attending Physician" means the physi- 
cian licensed to practice medicine in North 
Carolina who is identified by the patient at 
the time of hospice admission as having the 
most significant role in the determination 
and delivery of medical care for the patient. 

(2) "Care Plan" means the proposed method 
developed in writing by the interdisciplinary 



care team through which the hospice seeks 
to provide services which meet the patient's 
and family's medical, psychosocial and spir- 
itual needs. 

(3) "Clergy Member" means an individual 
who has received a degree from an accredited 
theological school and has fulfilled appro- 
priate denominational seminary require- 
ments; or an individual who, by ordination 
or authorization from the individual's de- 
nomination, has been approved to function 
in a pastoral capacity. The clergy member 
must have experience in pastoral duties and 
be capable of providing for hospice patients' 
spiritual needs. 

(4) "Coordinator of Volunteers" means an 
individual on the hospice staff who coordi- 
nates and supervises the activities of all vol- 
unteers. 

(5) "Department" means the Department of 
Human Resources. 

(6) "Dietary Counseling" means counseling 
given by a qualified dietitian, one who meets 
the qualifications estabhshed by the Com- 
mittee on Professional Registration of the 
American Dietetic Association. 

(7) "Director" means the person having ad- 
ministrative responsibility for the operation 
of the hospice. 

(8) "Freestandmg Hospice" means a facUity 
providing inpatient hospice care, not a part 
of a facility offering other care or services. 

(9) "Governing Body" means the pcrtion ef 
group of persons responsible for A« octab 
liohmcnt ef a hospioo aft4 fof overseeing the 
operations of the hospice, specifically for the 
development and monitoring of policies and 
procedures related to all aspects of the 
hospice program. The governing body en- 
sures that all services provided are consistent 
with accepted standards of hospice practice. 

(10) "Home Health Aide" means an individual 
who rondoro asrajitano e to pationto f^f pei^ 
sonal &af» afi4 ww otht ' r duti e s sp e cifi e d » 
the esfe plan, is a qualified nurse aide and 
who performs personal care and other duties 
to hospice patients in a private home. 

(11) "Hospice" means an organization offering 
a coordinated program of home care with 
provision for inpatient care for terminally iU 
patients and their famihes. Such care, 
available 24 hours a day, is provided by a 
medically directed interdisciplinary team of 
professionals and volunteers, directly or 
through an agreement, under the direction 
of an identifiable hospice administration. A 
hospice provides palliative and supportive 
medical and other services to meet the 



1252 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



physical, psychological, social and spiritual 
needs of patients and their families which are 
experienced during the final stages of termi- 
nal iUness, during dying and bereavement. 

(12) "Hospice Inpatient Unit" means a licensed 
facility providing inpatient hospice care. 

(13) (-44) "Hospice Patient" means a patient 
whose medical prognosis of life expectancy 
is weeks or months, generally o'^t to exceed 
six months, diagnosed as such by a physi- 
cian. 

(14) (44^ "Hospice Patient's Family" means the 
patient's immediate kin, including a spouse, 
brother, sister, child or parent. Other rela- 
tives and individuals with significant per- 
sonal ties to the patient may be considered 
family members. 

(15) "Hospice Residence" is a home licensed 
to provide hospice care to no more than five 
hospice residents. 

(16) f44^ "Hospice Staff" means personnel 
working under the jurisdiction of a hospice, 
either salaried employee or volunteer. 

(17) f4-^ "Identifiable Hospice Administration" 
means an administrative group, individual 
or legal entity that has an identifiable or- 
ganizational structure, accountable to a 
governing body directly, or through a chief 
executive officer. This administration shall 
be responsible for the management of all 
aspects of the program. 

(18) f4-^ "Informed Consent" means the agree- 
ment to receive hospice care made by the 
patient and family which specifies in writing 
the type of care and services to be provided. 
The informed consent form is signed by the 
patient prior to service. If the patient's 
medical condition is such that a signature 
cannot be obtained, a signature is obtained 
from the individual having legal 
guardianship, applicable power of attorney, 
or the family member or individual assum- 
ing the responsibility of primar>' caregiver. 

(19) f4-?^ "Inpatient Beds" means beds provided 
hf Qxif . ting facUitioo for use by hospice pa- 
tients, under ^ . S ' rittt'n agrocmont. ' . ' ■ hon Aey 
afe required for medical management of 
symptoms or for respite care. 

(20) f4-S^ "Interdisciplinary Care Team" means 
the following hospice personnel: physician, 
registered nurse, social worker, clergy mem- 
ber, the coordinator of volunteers, and ap- 
propriate volunteers. Other health care 
practitioners providing services such as 
physical therapy, occupational therapy, 
speech therapy, dietary counseling, home 
health aide ser\-ices or other ser\ices may be 
included on the team when appropriate. 



(21) (+9^ "Licensed Practical Nurse" means a 
nurse duly licensed as such holding a valid 
current license as required by North 
Carolina Statute. 

(22) f50^ "Medical Director" means a physician 
who directs the medical aspects of the 
hospice's patient care program. 

(23) "Nurse Aide" means an individual who is 
qualified to provide nursing care under the 
supervision of a licensed nurse and is regis- 
tered as a nurse aide in a nurse aide registry 
approved by the Department. 

(24) (544 "Occupational Therapist" means an 
individual who is registered as such with the 
American Occupational Therapy Associ- 
ation. 

(25) (53^ "Palliative Care" means treatment and 
comfort measures directed toward rehef of 
symptoms, controlling pain and focusing on 
the special needs of the patient and family 
as they experience the stress of the dying 
process, rather than treatment aimed at 
intervention for the purpose of cure or 
prolongation of life. 

(26) {Qri^ "Patient and Family Care 
Coordinator" means a registered nurse des- 
ignated by the hospice to coordinate the 
provision of hospice services for each patient 
and family. 

(27) (54^ "Pharmacist" means an individual 
duly licensed to practice pharmacy in North 
Carolina. 

(28) (34^ "Physical Therapist" means an indi- 
vidual duly hcensed as such, holding a valid 
current license as required by North 
Carolina Statute. 

(29) (36) "Physician" means an individual li- 
censed to practice medicine in North 
Carolina. 

(30) (3^ "Primary Caregiver" means the family 
member or other person who assumes the 
overall responsibility for the care of the pa- 
tient in the home. 

(31) (3^ "Registered Nurse" means a nurse 
duly licensed as such, holding a valid current 
license as required by North Carolina Stat- 
ute. 

(32) (3^ "Respite Care" means care provided 
to a patient in an inpatient setting for the 
purpose of temporary rehef to family mem- 
bers or others caring for the patient at home. 

(33) (^0) "Social Worker" means an individual 
holding a master's degree or a bachelor's 
degree in social work from a school accred- 
ited by the Council of Social Work Educa- 
tion with experience in a health related field 
and who is capable of providing for hospice 
patients' and families' psychosocial needs. 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1253 



PROPOSED RULES 



An individual holding a bachelor's or an 
advanced degree in psychology, counseling 
or psychiatric nursing may also function in 
this capacity if the same criteria are met. 

(34) (r?-H "Speech Therapist" means an individ- 
ual duly licensed as such, holding a valid 
current license as required by North 
Carolina Statute. 

(35) (4^ "Volunteer" means an individual, 
professional or nonprofessional, who has 
received appropriate orientation and training 
consistent with acceptable standards of 
hospice philosophy and practice. 

Statutory Authority G.S. I31E-202. 

SECTION .0200 - LICENSE 

.0202 .APPLICATION FOR LICENSE 

An application for a license to operate a hospice 
shall be submitted to the Department prior to a 
license being issued. Each appUcation shall con- 
tain reasonable and necessary information which 
wiU include: 
(8) information related to the provision of in- 
patient and residential care, if applicable: 
and 

Statutory Authority G.S. I3IE-202. 

.0203 ISSUANCE OF LICENSE 

(c) If the tacUitv pro\idcs inpatient or residen- 
tial hospice care, the number of beds for each 
shall be reflected on the license. 

Statutory Authority G.S. I3IE-202. 

SECTION .0500 - SCOPE OF SERMCES 

.0501 SERMCE REQUIREMENTS 

The go\eming body shall ensure through poli- 
cies and implemented procedures that the fol- 
lowing senices encompassing the essential 
elements of hospice care be provided, either di- 
rectly by hospice personnel, or by contractual 
arrangement: 
(6) Inpatient care services, for symptom man- 
agement or respite care in a hcensed hospital 
£ i killjd or nursing ef intormodi ate eafe facil- 
ity. The hospice shall ensure that: 

(a) a written agreement, is signed by both 
pro\iders, which assures that the inpatient 
facility will provide care and ser\ices to 
hospice patients when necessan,'; 

(b) the inpatient provider has policies con- 
sistent with the needs of hospice patients 
and their families and will, if necessar\', 
modify poUcies such as visiting hour re- 



strictions and routine tests, to meet those 
needs; 

(c) the hospice plan of care is furnished to the 
inpatient provider to ensure that the 
regimen established is followed as closely 
as feasible during the inpatient stay; 

(d) all inpatient treatment and services are 
documented in the inpatient medical re- 
cord and a copy of the discharge summar>' 
retained as part of the hospice record; and 

(e) effective transition from one type care to 
another be maintained with continuity of 
care being the primary goal. 

Statutory Authority G.S. I3IE-202. 

SECTION .0600 - P.ATIENT/FA.MILY CARE 

.0601 ACCEPTANCE OF PATIENTS 

(c) Patients accepted shall be under the care of 
t4*e attending a physician who has determined 
that hospice care is appropriate, irerr the iUnjDo i* 
i» tii* torminal ntagos with a life o.xpjctancy »f 
' > ' ii* oks ef montha. goncrally fie* fe oxcuod wt 
months. afi4 se indicator , with a signed referral 
form. Medical ease shall omphaoif.o symptom 
control aft4 pain managomont. and who agrees 
to ser\e as attending physician. 

Statutory Authority G.S. I3IE-202. 

.0602 PROVISIONS OF CARE 

fe^ Care prc i id e d by hom e health aides shall 
be regularly supep i ised by appropriately licensed 
porsonnol. 

Statutory Authority G.S. I3IE-202. 

.0603 HOME HEALTH AIDE SERVICES 

(a) If the hospice provides or arranges for home 
health aide services, those services shall be pro- 
vided in accordance with physician's orders and 
mterdiscipUnary team care plan. 

(b) Home health aides shall only be assigned 
duties for which competence has been demon- 
strated and recorded in appropriate personnel re- 
cords. 

(c) Home health aide duties may include, but 
are not limited to: 



(1) 



providing or assisting with personal care, 
i.e. bathing, mouth care, hair and skin 



care; 



(2) checking vital signs and observing the pa- 
tient's condition; 

(3) assisting with ambulation and exercises, 
(d) .-Ml home health aide ser\"ices shall be per- 
formed in accordance with a written assignment 
prepared by and under the super\ision of the 



1254 



5:21 NORTH CAROLINA REGISTER Febmarv 1, 1991 



PROPOSED RULES 



registered nurse. Supervision shall include a visit 
to the home by the nurse at least every two 
weeks, with or without the aide's presence, to 
assess the care and services provided. Doc- 
umentation of supervisory visits shall be main- 
tained in the medical record and include an 
assessment of the aide's performance in carrying 
out assigned duties and of the aide's relationship 
with the patient and family. 

Statutory Authority G.S. I3IE-202. 

SECTION .0800 - DRLGS AND TREATMENT 
ORDERS AND ADMINISTRATION 

.0802 ADMINISTRATION OF 
PHARMACELTICALS 

M e dication shall be adminiotorod m the homo 

f4-) a hcencod registered nuroo, hconood practical 
nuruo, ef physician; 

(3) the patient, a family member e* caregi' i ' s r 
with approval »f the attending physician ef 
Vi4th ordoro ef the attending physician, if 
applicable, aft4 Vt4tb Bupor > ision as needed. 

(a) In a private home, the administration of 
prescnbcd medications is the prunarv responsi- 
bihty of the patient, family member or caregiver. 
Where special skills or knowledge are required, 
medication shall be administered by a licensed 
registered nurse, licensed practical nurse with 
training specified by the North Carolina Board 
of Nursing, or physician. 

(b) In a hospice residence, medications shall 
be administered under the supervision of a li^ 
censed nurse unless otherwise ordered by the 
physician. 

(c) In a hospice inpatient unit, medications 
shall be administered by a licensed registered 
nurse, licensed practical nurse with training 
specified by the North Carolina Board of Nurs- 
ing, or physician, unless otherwise ordered by the 
physician. 

(d) The administration of all medications must 
be documented in the patient's record. 

Statutory Authority G.S. I3IE-202. 

.0803 DRLG DISPOSITION 

(a) The hospice shall not keep any legend drugs 
or pharmaceuticals on its licensed premises, un- 
less it is a freestanding hospice, hospice residence, 
hospice inpatient unit, or a part of an inpatient 
facility licensed under G.S. 131E, Article 5 or 6. 

Statutory Authority G.S. I3/E-202. 

SECTION .1 100 - HOSPICE RESIDENTIAL 
CARE 



.1101 ADMINISTRATION 

(a) The hospice shall maintain administrative 
control of and responsibility for the provision of 
all services. 

(b) The governing body shall have written 
policies and procedures governing the admission 
and delivery of all residential and inpatient 
hospice care services, including the management 
of medical and other emergencies. 

(c) The hospice shall meet all state and local 
laws and regulations pertaining to health and 
safety, handicap access, and where appUcable, 
zoning regulations. 

Statutory Authority G.S. 13IE-202. 

.1 102 HOSPICE RESIDENCE STAFFING 

(a) There shall be a licensed nurse on duty in 
each residence 24 hours a day. 

(b) There shall be at least two staff on duty at 
all times. 

(c) All staff, including volunteers, counselors 
and clergy, shall complete training specific to 
dealing with the terminally iU and their famihes. 

(d) Nurse aides employed to provide direct care 
shall be supervised by licensed nurses. 

(e) Interdisciplinary team services shall be pro- 
vided in accordance with the hospice plan of care. 

Statutory Authority G.S. I3IE-202. 

.1 103 PHARMACEUTICAL SERVICES 

(a) Written policies and procedures shall be 
established and implemented to govern the pro- 
curement, storage, administration and disposal 
of all drugs and biologicals in accordance with 
federal and state laws. 

(b) Pharmaceutical services shall be provided 
directly or through written agreement under the 
supervision of a licensed pharmacist and in ac- 
cordance with Rule .0505 of this Subchapter. 
The pharmacist's duties shall include, but are not 
limited to the following: 

(1) advising the hospice and the hospice 
interdisciplinary team on all matters per- 
taining to the procurement, storage, ad- 
ministration, disposal and record-keeping 
of drugs and biologicals; interactions of 
drugs; and counseling staff on appropriate 
and new drugs; 

(2) inspecting all drug storage areas at least 
monthly; 

(3) conducting patients' drug regimen reviews 
frequently enough to monitor symptom 
control, no less often than monthly, with 
appropriate recommendations to the phy- 
sician and hospice staff. 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1255 



PROPOSED RULES 



(c) Wntten policies and procedures shall be 
established and implemented for drug control 
and accountability. Records of receipt and dis- 
position of all controlled drugs shall be main- 
tained for accurate reconciliation. 

(d) Medications shall be labeled as described in 
the Pharmacy Laws of North Carolina. 

(e) Medications must be stored in locked areas, 
at proper temperature, and accessible only to 
authorized persons in accordance with federal 
and state laws. Separately locked compartments 
must be provided for storage of controlled sub- 
stances listed in the North Carolina Controlled 
Substances Act and other drugs subject to abuse. 

(f) Controlled substances no longer needed by 
the patient are disposed of in compliance with 
the North Carolina Controlled Substances Act. 

(g) The hospice shall maintain an emergency 
drug kit appropriate to the needs of the facility, 
assembled in consultation with the pharmacist 
and readily available for use. The pharmacist 
shall check and restock the kit as necessary, at 
least monthly, or more often if needed. 

Statutory^ Authority G.S. I3IE-202. 

.1 104 DIETARY SERVICKS 

(a) The hospice shall develop and maintain 
written policies and procedures for dietary ser- 
vices. 

(b) Dietary services shall be provided directly 
or may be provided through written agreement 
with a food service company. The written 
agreement, if applicable, shall meet the pro- 
visions of Rule .0505 of this Subchapter. 

(c) The hospice shall assure that residents' fa- 
vorite foods are included in their diets whenever 
possible. 

(d) The food service shall be planned and 
staffed to serve three balanced meals at regular 
intervals or at a variety of times depending upon 
the needs of the residents. No more than 14 
hours shall elapse between a substantial evening 
meal and breakfast. 

(e) The hospice shall appoint a staff member 
trained or experienced in food management to; 

(1) plan menus to meet the nutritional needs 
of the residents. 

(2) supervise meal preparation and service. 

(f) Therapeutic diets shall be prescribed by the 
physician and planned by a registered dietitian. 

(g) Between-meal snacks of nourishing quality 
shall be offered and be a\'ailable on a 24 hour 
basis. 

(h) The procurement, storage and refrigeration 
of food, refuse handling and pest control shall 
comply with the most current sanitation rules 
promulgated by the Division of Health Ser%ices. 



Statutory Authority G.S. J3/E-202. 

.1105 HOSPICE VISITATION 

(a) The hospice shall: 

(1) provide areas that ensure privacy for 
visitation and at the time of death; 

(2) arrange for family members to remain with 
the patient overnight. 

(b) Family and friends may visit at any hour. 
Children and pets shall not be excluded. 

Statutory Authority G.S. I3IE-202. 

.1106 INFECTION CONTROL 

(a) The hospice shall develop and implement 
an infection control program which shall aim to 
protect the residents, family and personnel from 
hospice or community associated infections. 

(b) There shall be written policies and proce- 
dures governing the infection control program, 
developed by the hospice administrator and 
medical director and approved by the governing 
body. 

(c) Universal precautions, as specified by the 
Centers for Disease Control (CDC), shall be de- 
fmed in writing and strictly followed. 

(d) All employees shall wear clean garments 
or protective clothing at all times and shall prac- 
tice good personal hygiene and cleanliness. 

(e) A procedure shall be developed whereby the 
implementation of the infection control program 
is monitored on a monthly basis. 

Statutory Authority G.S. I3IE-202. 

.1107 HOISEKEEPING AND LINENS 

(a) Linen requirements shall include: 

(1) The use of common towels, washcloths, 
cups or any other personal care articles is 
prohibited. 

(2) Each resident shall have a supply of 
towels, washcloths and soap. 

(3) There shall be a supply of clean bed linens, 
towels, and washcloths. 

(4) There shall be a separate closed area for 
storage of clean linen. 

(5) Clean bed Hnens shall be changed as often 
as necessary, but no less than twice each 
week. 

(6) Mattress pads and pillows shall be of 
washable material. 

(7) There shall be separate storage for soiled 
linen and clothing. Such storage may 
consist of individual plastic bags or cov- 
ered hampers or a soiled linen room. All 
personnel shall wash their hands thor- 
ouahlv after handling soiled Uncn. 



1256 



5:21 AORTH CAROLINA REGISTER February I, 1991 



PROPOSED RULES 



(8) Laundry equipment shall be maintained 

in the facility or arrangements made with 

a commercial laundr>' to handle soiled 

linen. 

(b) Housekeeping requirements are as follows: 

(1) Housekeeping practices and procedures 
shall be employed to keep the home free 
from offensive odors, accumulations of 
dirt, rubbish and dust. 

(2) Cleaning shall be performed in a manner 
to minimize the spread of pathogenic 
organisms. Floors shall be cleaned regu- 
larly. PoUshes on floors shall provide a 
non-skid fmish; throw or scatter rugs shall 
not be used except for non-skid entrance 
mats. 

Statutory Authority G.S. I3IE-202. 

.1108 REPORT OF DEATH 

The hospice shall have a written plan to be fol- 
lowed in case of patient death. The plan must 
provide for: 

(1) collection of data needed for the death cer- 
tificate, as required by G.S. 130A-1 17; 

(2) recording time of death; 

(3) pronouncement of death; 

(4) notification of attending physician respon- 
sible for signing death certificate; 

(5) notification of next of kin or legal guardian; 

(6) authorization and release of body to funeral 
home; and 

(7) notification to the Department of any death 
resulting from an injury-, accident, or other 
possible unnatural causes. 

Statutory Authority G.S. I3IE-202. 

.1 109 RESIDENT CARE AREAS 

(a) Resident rooms shall meet the following 
requirements: 

(1) There shall be private or semiprivate 
rooms. 

(2) Infants and small children shall not be as- 
signed to a room with an adult resident 
unless requested by residents and families. 

(3) Each resident room shall contain at least 
a bed, a mattress protected by waterproof 
material, mattress pad and pillow, and a 
chair. 

(4) Each resident room shall have a minimum 
of 48 cubic feet of closet space or 
wardrobe for clothing and personal be- 
longings that provides security and pri- 
vacy for each resident. Each resident 
room shall be equipped with a towel rack 
for each individual. 

(5) Each resident bedroom shall: 



(A) be located at or above grade level. 

(B) have provisions to ensure visual privacy 
for treatment or visiting. 

(C) have a direct entry from the corridor. 
(6) Artificial lighting shall be provided suffi- 
cient for treatment and non-treatment 
needs, 50 foot candles for treatment, 35 
foot candles for non-treatment areas. 

(b) Bathrooms shall meet the following re- 
quirements: 

(1) Bathroom facilities shall be conveniently 
accessible to resident rooms and shall in- 
clude a tub, lavatory and water closet. 
One bathroom may serve up to four resi- 
dents and staff. Minimum size of any 
bathroom shall be 18 square feet. The 
door shall be at least 32 inches wide. 

(2) The bathroom shall be furnished with the 
following: 

(A) toilet with grab bars; 

(B) lavatory with four inch wrist blade 
controls; 

(C) mirror; and 

(D) soap, paper towel dispensers, and waste 
paper receptacle with a removable 
impervious Uner. 

(c) Space shall be provided for: 

(1) charting, storage of supplies and personal 
effects of staff. 

(2) the storage of resident care equipment. 

(3) housekeeping equipment and cleaning 
supplies. 

(4) storage of test reagents and disinfectants 
distinct from medication. 

(5) locked medication storage and prepara- 
tion. 

(6) drugs requiring refrigeration. They may 
be stored in a separate locked box in the 
refrigerator or in a lockable drug-only 
refrigerator, capable of maintaining a 
temperature range of 36 degrees F (2 de- 
grees C) to 46 degrees F (8 degrees C). 
The storage and accountability of con- 
trolled substances shall be in accordance 
with the North Carolina Controlled Sub- 
stances Act, G.S. 90-86 et. seq. 

(d) Kitchen and dining areas shall have: 

(1) a refrigerator, 

(2) a cooking unit ventilated in an acceptable 
maimer, 

(3) a 42" minimum double-compartment sink 
and domestic dishwashing machine capa- 
ble of sanitizing dishes with 160 degrees 
F. water, 

(4) dining space of 20 square feet per resident, 
and 

(5) adequate storage space for non- 
perishables. 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1257 



PROPOSED RULES 



(ej Other areas shall include: 

(1) A minimum of 150 square feet exclusive 
of corridor traffic for recreational and so- 
cial activities. 

(2) There shall be an audible and accessible 
call system furnished in each resident's 
room and bathroom. 

(3) Each facility shall provide heating and air 
cooling equipment to maintain a comfort 
range between 68 degrees and SO degrees 
Fahrenheit. 

Statutory Authority G.S. I3IE-202. 

.1110 FURNISHINGS 

Furnishings of the residence shall be home-like 
and non-institutional and include lounge furni- 
ture in addition to furnishings in resident rooms. 
Accessories such as wallpaper, bedspreads, car- 
pets and lamps shall be selected to create such 
an atmosphere. Provision shall be made for each 
resident to bring items from home to place about 
the room to the extent available space allows. 

Statutory Authority G.S. I31E-202. 

.1111 HOSPICE RESIDENCE ZONING .AND 
FIRE SAFETY REQUIREMENTS 

Hospices maintained as residential facilities shall 
provide documentation of approNal from local 
zoning commissions, fire departments and build- 
ing departments. 

Statutory Authority G.S. I31E-202. 

.1112 DESIGN AND CONSTRl CTION 

(a) Hospice residences and inpatient units must 
meet the requirements of the North Carolina 
State Buildmg Code in effect at the time of con- 
struction, additions, alterations or repairs. The 
Building Code is hereby adopted by reference 
pursuant to G.S. 150B- 14(c). 

(b) Each facility shall be planned, constructed, 
and equipped to support the services to be of- 
fered in the facility. 

(c) .Any existing building converted to a 
hospice facility shall meet all requirements of a 
new facility. 

(d) The sanitation, water supply, sewage dis- 
posal, and dietap,' facilities must comply uith the 
rules of the Commission for Health Services 
which are herebv adopted bv reference pursuant 
to G.S. 150B- 14(c). 

Statutoty Authority G.S. I31E-202. 

.1113 PL.ANS .AND SPECIFICATIONS 



(a) When construction or remodeling is 
planned, fmal working drawings and specifica- 
tions must be submitted by the owner or their 
appointed representative to the Department of 
Human Resources, Division of Facility Sen.'ices 
for review and approval. Schematic drawings 
and preliminary working drawings should be 
submitted by the owner prior to the required 
submission of fmal working drawings. Tlie De- 
partment will forward copies of each submittal 
to the Department of Insurance and Division of 
Health Services for review and approval. Three 
copies of the plans shall be provided at each 
submittal. 

(b) Construction work should not be com- 
menced until written approval has been given by 
the Department. .Approval of final plans and 
specifications shall expire one year from the date 
granted unless a contract for the construction has 
been signed prior to the e.xpiration date. 

(c) If an approval expires, a renewed approval 
shall be issued provided revised plans meeting all 
current regulations, codes, and standards are 
submitted. 

(d) Completed construction must conform to 
the minimum standards estabhshed in these 
Rules. 

(e) 7'he owner or designated agent shall notify 
the Department when actual construction starts 
and at points when construction is 75 percent 
and 90 percent complete and upon fmal com- 
pletion, so that periodic and fmal inspections can 
be performed. 

(f) The owner or designated agent shall submit 
for approval by the Department all alterations 
or remodeling changes which affect the structural 
integrity of the building, functional operation, fire 
safety or which add beds or facilities over those 
for which the facility is licensed. 

Statutory Authority G.S. I3IE-202. 

.1114 PLUMBING 

(a) The water supply shall be designed, con- 
structed and protected so as to assure that a safe, 
potable and adequate water supply is axailable 
for domestic purposes in comphance with the 
North Carolina State Building Code. 

(b) .\11 plumbing in the residence or unit shall 
be installed and maintained in accordance with 
the North Carohna State Plumbing Code, which 
is hereby adopted by reference pursuant to G.S. 
150B-14(c). All plumbing shall be maintained in 
good repair and free of the possibility of backflow 
and backsiphonage, through the use of vacuum 
breakers and fixed air gaps, in accordance with 
state and local codes. 



12 5S 



5:21 yORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



(c) For homes with five or more residents, a 
50-gallon quick recovery water heater is required. 
For homes with fewer than five residents, a 
40-galIon quick recovery water heater is required. 

Statutory Authority G.S. 13IE-202. 

.1115 WASTE DISPOSAL 

(a) Sewage shall be discharged into a public 
sewer system, or if such is not available, it shall 
be disposed of in a marmer approved by the 
North Carolina Division of Environmental 
Health. 

(b) Garbage and rubbish shall be stored in 
impervious containers in such a marmer as not 
to become a nuisance or a health hazard. A 
sufficient number of impervious containers with 
tight -fitting lids shall be provided and kept clean 
and in good repair. Refuse shall be removed 
from the outside storage at least once a week to 
a disposal site approved by the local health de- 
partment. 

(c) The home or unit shall be maintained free 
of infestations of insects and rodents, and all 
openings to the outside shall be screened. 

Statutory Authority G.S. I31E-202. 

SECTION .1200 - HOSPICE INPATIENT CARE 

.1201 REQUIREMENTS FOR HOSPICE 
INPATIENT UNITS 

Hospice inpatient units must confoim to the 
rules outlined in 10 NCAC 3T .0100 through 
.1115 and those in this Section. 

Statutory Authority G.S. I3IE-202. 

.1202 ADDITIONAL STAFFING 

REQUIREMENTS FOR HOSPICE 
INPATIENT UNITS 

(a) AU nursing services shall be provided under 
the supervision of a registered nurse. 

(b) There shall be sufficient nursing personnel 
on duty to meet patients' total nursing needs. 
At a minimum, one registered nurse and one 
hospice staff person shall be on duty at all times. 

(c) Considerations for determining sufficiency 
of nursing personnel include, but are not limited 
to: 

(1) number of patients; 

(2) specific patient care requirements; 

(3) family care needs; and 

(4) availability of support from other inter- 
disciplinary team members. 

Statutory Authority G.S. 13IE-202. 

.1203 ADDITIONAL SERVICES REQUIRED 



FOR HOSPICE INPATIENT CARE 

(a) The hospice shall assure, directly or through 
written agreement, the provision of duly licensed 
radiology, laboratory, pathology and other med- 
ically related services in accordance with physi- 
cians' orders. Written agreement shall be in 
keeping with Rule .0505 of this Subchapter. If 
those services are provided directly, written poli- 
cies and procedures shall govern their implemen- 
tation. 

(b) Radiology, laboratory and pathology ser- 
vices shall be under the direction of a physician 
qualified by education, training and experience to 
assume that function. 

Statutory Authority G.S. I3IE-202. 

.1204 ADDITIONAL PATIENT CARE AREA 
REQTS FOR HOSPICE INPATIENT 
UNITS 

(a) The floor area of a single bedroom shall not 
be less than 100 square feet and the floor area of 
a room for more than one bed shall not be less 
than 80 square feet per bed. The 80 square feet 
and 100 square feet requirements shall be exclu- 
sive of closets, toOet rooms, vestibules or 
wardrobes. 

(b) The total space set aside for dining, recre- 
ation and other common uses shall not be less 
than 30 square feet per bed. Physical therapy 
and occupational therapy space shall not be in- 
cluded in this total. 

(c) A toilet room shall be directly accessible 
from each patient room and from each central 
bathing area without going through the general 
corridor. One todet room may serve two patient 
rooms but not more than eight beds. The 
lavatory may be omitted from the toilet room if 
one is provided for each 1 5 beds not individually 
served. There shall be at least one bathtub ac- 
cessible on three sides and one shower provided 
for each 60 beds or fraction thereof. 

(d) For each nursing unit or fraction thereof 
on each floor, the following shall be provided; 

(1) an adequate medication preparation area 
with counter, sink with four-inch handles, 
medication refrigerator, eye-level 
medication storage, cabinet storage, and 
double-locked narcotic storage room, lo- 
cated adjacent to the nursing station or 
under visual control of the nursing station; 

(2) a clean utility room with counter, sink 
with four-inch handles, wall and under 
counter storage; 

(3) a soiled utility room with counter, sink 
with four-inch handles, wall and under 
counter storage, a flush-rim clinical sink 
or water closet with a suitable device for 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



1259 



PROPOSED RULES 



cleaning bedpans and a suitable means for 
washing and sanitizing bedpans and other 
utensils; 

(4) a nurses' toilet and locker space for per- 
sonal belongings; 

(5) an audiovisual nurse-patient call system 
arranged to ensure that a patient's call in 
the facility is noted at a staffed station; 

(6) a soiled linen storage area; 

(7) a clean linen storage room area; and 

(8) at least one janitor's closet. 

(e) Dietary and laundr\' each must have a 
janitor's closet. 

(f) Stretcher and wheelchair storage shall be 
provided. 

(g) Bulk storage shall be provided at the rate 
of five square feet of floor area per bed. 

(h) Office space shall be provided for persons 
with administrative responsibilities for the unit. 

Statuion- Authority G.S. 13IE-202. 

.1205 FURNISHINGS FOR HOSPICE 
INP.VriENT CARE 

(a) Handgrips shall be provided for all toilet 
and bath facilities used by patients. Handrails 
shall be provided on both sides of all corridors 
used by patients. 

(b) For each nursing unit or fraction thereof 
on each floor, the following shall be provided: 

(1) a nourishment station with work space, 
cabinet, and refrigerated storage, a small 
stove or hotplate in an area physically 
separated from the nurses' station; and 

(2) one nurses' station consisting of adequate 
desk space for writing, storage space for 
otTice supplies and storage space for pa- 
tients' records. 

(c) Flameproof privacy screens or curtains shall 
be provided in multi-bedded rooms. 

Statutory Authority G.S. I3IE-202. 

.1206 HOSPICE INP.\TIENT FIRE .\ND 
S.VFETV REQUIREMENTS 

(a) A new facility shall meet the requirements 
of the current North Carolina State Building 
Code which is hereby adopted by reference pur- 
suant to G.S. 1 SOB- 14(c) and the following ad- 
ditional requirements: 

(1) NXTiere nursing units are located on the 
same floor with other departments or ser- 
vices, the facility shall be designed to pro- 
vide separation from the other 
departments or services with a smoke 
barrier. 
(2i Horizontal exits are not permitted in any 
new facility. 



(3) An addition to an existing facility shall 
meet the same requirements as a new fa- 
cility except that in no case shall more 
than one horizontal exit be used to replace 
a required exit to the outside. For all 
construction, an emergency generating set, 
including the prime mover and generator, 
shall be located on the premises and shall 
be reserved exclusively for supplying the 
emergency electrical system. 

(b) The hospice shall establish written policies 
and procedures governing disaster preparedness 
and fire protection. 

(c) The hospice has an acceptable written plan 
periodically rehearsed with staff with procedures 
to be followed in the event of an internal or ex- 
temal disaster, and for the care of casualties of 
patients and personnel arising from such disas- 
ters. 

(d) The fire protection plan shall include: 

(1) instruction for all persormel in use of 
alarms, fire fighting equipment, methods 
of fire containment, evacuation routes and 
procedures for calling the fire department 
and the assignment of specific tasks to all 
personnel in response to an alarm; and 

(2) fire drills for each shift of personnel at least 
quarterly. 

Statutory Authority G.S. I3IE-202. 

.1207 HOSPICE INP.ATIENT REQUIREMENTS 
FOR HEATING AND AIR 
CONDITIONING 

Heating and cooling systems shall meet the 
current .American Society of Heating, Refriger- 
ation, and Air Conditioning Engineers Guide and 
National Fire Protection Association Code 90A, 
which is hereby adopted by reference pursuant to 
G.S. 150B- 14(c), with the following modifica- 
tion: 

(1) Soiled linen, bathrooms, janitor closets and 
soiled utility rooms must have negative 
pressure with relationship to adjacent areas. 

(2) Clean linen, clean utility and drug rooms 
must have positive pressure with relation- 
ship to adjacent areas. 

(3) All areas not covered in Paragraphs (1) and 
(2) of this Rule must have neutral pressure. 

Statutory Authority G.S. 13IE-202. 

.1208 HOSPICE INPATIENT REQUIREMENTS 
FOR EMERGENCY ELECTRICAL 
SERVICE 

Emergency electrical service shall be provided 
for use in the event of failure of the normal elec- 
trical ser%'ice. This emergency service shall be 
made up as follows: 



1260 



5:21 NORTH CAROLINA REGISTER February I, 1991 



PROPOSED RULES 



(1) In any existing facility, the foUowing must 
be provided: 

(a) type 1 or 2 emergency lights as required 
by the North Carolina State BuUding 
Code; 

(b) additional emergency Ughts for all nursing 
stations, drug preparation and storage 
areas, and for the telephone switchboard, 
if applicable; 

(c) one or more portable battery-powered 
lamps at each nursing station; and 

(d) a suitable source of emergency power for 
life-sustaining equipment to ensure con- 
tinuous operation for a minimum of 72 
hours. 

(2) Any addition to an existing facility shall 
meet the same requirements as new con- 
struction. 

(3) Any conversion of an existing buUding such 
as a hotel, motel, abandoned hospital or 
abandoned school, shall meet the same re- 
quirements for emergency electrical services 
as required for new construction. 

(4) Battery-powered corridor lights shall not 
replace the requirements for the emergency 
circuit nor be construed to substitute for the 
generator set. Sufficient fuel shall be stored 
for the operation of the emergency generator 
for a period not less than 72 hours, on a 
24-hour per day operational basis. The 
system shall be test run for a period of not 
less than 15 minutes on a weekly schedule. 
Records of running time shall be maintained 
and kept available for reference. 

(5) To ensure proper evaluation of design of 
emergency power systems, the owner or op- 
erator shall submit with fmal working 
drawings and specifications a letter describ- 
ing the policy for admissions and discharges 
to be used when the facility begins oper- 
ations. If subsequent inspections for 
licensure indicate the admission poUcies 
have been changed, the facility will be re- 
quired to take immediate steps to meet ap- 
propriate code requirements for continued 
licensure. 

(6) Lighting for emergency electrical services 
shall be provided in the following places: 

(a) exit ways and all necessary ways of ap- 
proach exits, including exit signs and exit 
direction signs, exterior of exits exit 
doorways, stairways, and corridors; 

(b) dining and recreation rooms; 

(c) nursing station and medication preparation 
area; 

(d) generator set location, switch-gear lo- 
cation, and boHer room, if apphcable; and 

(e) elevator, if required for emergency. 



(7) Emergency equipment which is essential to 
life, safety, and the protection of important 
equipment or vital materials shall be pro- 
vided: 

(a) nurses' calling system; 

(b) alarm system including fire alarm actuated 
at manual stations, water flow alarm de- 
vices of sprinkler systems if electrically 
operated, fire detecting and smoke detect- 
ing systems, paging or speaker systems if 
intended for issuing instructions during 
emergency conditions, and alarms re- 
quired for nonflammable medical gas sys- 
tems, if installed; 

(c) fire pump, if installed; 

(d) sewerage or sump lift pump, if installed; 

(e) one elevator, where elevators are used for 
vertical transportation of patients; 

(f) equipment such as burners and pumps 
necessary for auxiliaries and controls, re- 
quired for heating and sterilization, if in- 
stalled; and 

(g) equipment necessary for maintaining tele- 
phone service. 

(8) Where electricity is the only source of 
power normally used for space heating, the 
emergency service shall be provided for 
heating of patient rooms. Emergency heat- 
ing of patient rooms wlU not be required in 
areas where the facility is supphed by at least 
two separate generating sources, or a net- 
work distribution system with the feeders so 
routed, connected, and protected that a fault 
any place between the generators and the 
facility will not Ukely cause an interruption. 

(9) The emergency electrical system shall be so 
controlled that after interruption of the 
normal electric power supply, the generator 
is brought to full voltage and frequency and 
connected within ten seconds through one 
or more primary automatic transfer switches 
to all emergency lighting, alarms, nurses' 
call, equipment necessary for maintaining 
telephone service, and receptacles in patient 
corridors. All other lighting and equipment 
required to be cormected to the emergency 
system shall either be connected through the 
ten second primary automatic transfer 
switching or shall be subsequently connected 
through other automatic or manual transfer 
switching. Receptacles connected to the 
emergency system shall be distinctively 
marked for identification. 

Statutory Authority G.S. 131 E- 202. 

.1209 HOSPICE INPATIENT REQUIREMENTS 
FOR GENERAL ELECTRICAL 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1261 



PROPOSED RULES 



(a) All main water supply shut off valves in the 
sprinkler system must be electronically super- 
vised so that if any valve is closed an alarm will 
sound at a continuously manned central station. 

(b) No two adjacent emergency lighting fixtures 
shall be on the same circuit. 

(c) Receptacles in bathrooms must have 
ground fault protection. 

(d) Each patient bed location must be provided 
with a minimum of four single or two duplex re- 
ceptacles. 

(e) Each patient bed location must be supplied 
by at least two branch circuits. 

(f) The fire alarm system must be installed to 
transmit an alarm automatically to the fue de- 
partment that is, legally committed to ser\e the 
area in which the facility is located, by the direct 
and reliable method approved by local ordi- 
nances. 

(g) In patient areas, fue alarms shall be gongs 
or chimes rather than horns or bells. 

Statutory Authority G.S. I3IE-202. 

.1210 OTHER HOSPICE INP.UIENT 
REQUIREMENTS 

(a) In general patient areas, each room shall 
be served by at least one calling station and each 
bed shall be provided with a call button. Two 
call buttons serving adjacent beds may be served 
by one calling station. Calls shall register with 
the floor staff and shall activate a visible signal in 
the corridor at the patient's or resident's door. 
In multi-corridor nursing units, additional visible 
signals shall be installed at corridor intersections. 
In rooms containing two or more calling stations, 
indicating lights shall be provided at each station. 
Nurses' calling systems which provide two-way 
voice communication shall be equipped with an 
indicating light at each calling station which 
hghts and remains lighted as long as the voice 
circuit is operating. A nurses' call emergency 
button shall be provided for patients' use at each 
patient toilet, bath, and shower room. 

(b) At least one telephone shall be available in 
each area to which patients are admitted and ad- 
ditional telephones or extensions as are necessary 
to ensure availabiLity in case of need. 

(c) General outdoor lighting shall be pro\ided 
adequate to illuminate walkways and drive. 

Statutor)' Authority G.S. I3IE-202. 

.1211 ADDITIONAL PLUMBING 

REQUIREMENTS FOR HOSPICE 
INPATIENT UNITS 

For inpatient units, the hot water system shall 
be adequate to provide: 



Gallons per hour per bed 
Temperature degrees F. 

Dietary 



Patient Areas 

6'/2 

110-116 



140 (min) 
Statutory Authority G.S. 13IE-202. 



Laundry 

4'/2 

140 (min) 



****************** 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Division of Social Senices in- 
tends to amend rule(s) cited as 10 NCAC 24A 
.0303; 35E .0/03 - .0/04; 35E .0002; 39D .0/0/, 
.0202, .0404, .0408 - .0409; 4/H .0405, .0407 - 
.0408, .050/ - .0502; 44B .0402, .0502, .0507 - 
05/9: and adopt rule(s) cited as 10 
02/0, .04/1 - .04/3; 4/H .060/ - 



.0508, .05/0, 
NCAC 39D 
.0604. 



1 he proposed effective date of this action is June 
/, /99/. 

1 he public hearing will be conducted at /0:00 
a.m. on March 6, /991 at the Disability Determi- 
nation Bldg., 32/ Chapanoke Rd., Raleigh, N.C. 

C_ omment Procedures: Interested persons may 
present their views and comments in writing before 
or at the hearing, or orally at the hearing. Time 
limits may be imposed as deemed necessary by the 
Commission Chairman. A fiscal note has been 
prepared. Any person may request information 
or copies of the proposed regulations by writing 
or calling Donna A. Creech. Special Assistant, 
Social Services, 325 N. Salisbury St., Raleigh, XC 
27603 (9/9) 733-3055. 

CHAPTER 24 - SOCIAL SERVICES: GENERAL 

SUBCHAPTER 24A - GENERAL 

SECTION .0300 - COMMISSION 

.0303 SELECTION OF COUNTY BOARD 
MEMBERS BY SOCIAL SERVICES 
COMMISSION 

(a) Field reproo e ntativt^ - i m tl*e di' i irion regional 
officos Division Regional Directors are required 
to name for consideration for county board 
membership at least throe porcons one person 
whose nomeo are name is secured from organ- 
izations, interested groups, or individuals within 
the county. The Commission may, however, 



1262 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



appoint persons who are recommended through 
other sources. 

(b) When a county board member is ehgible for 
reappointment, the regional director of that 
county shall advise the Commission if that per- 
son has attended county board meetings regu- 
larly. afi4 has participated actively ©» A« board. 



Statutory Authority G.S. 
/ 08.4-6; MSB- 1 53. 



W8.4-I; 108A-3; 



(4) Children living with adults other than their 
biological or adoptive parents; 

(5) Minors who are emancipated through a 
court proceeding, marriage or partic- 
ipation in the armed services, 

(d) (3) Compononto »f incom e Income that aj© 
is considered in computing family monthly gross 
income ase set- forth is listed in the Family Ser- 
vices Manual, as described in 10 NCAC 35A 
,0003, 



CHAPTER 35 - FAMILY SERVICES 

SUBCHAPTER 3SE - SOCIAL SERVICES BLOCK 
GR.\NT (TITLE X.\) 

SECTION .0100 - CONDITIONS OF 
ELIGIBILITY 

.0103 INCOME ELIGIBLE STATUS 

(a) Individuals other than those eligible on the 
basis of income maintenance status may be de- 
termined eligible on the basis of the family's 
monthly gross income, 

oomo oligiblo status, aft individual's family 
monthly gross income may Ret- exceed the state's 
established income fof t4*at- &ii?« family afi4 Ae 

(b) fe^ Pef purposes ef determining To deter- 
mine income eligibility, a» indi' i idualo family 
see aft4 income must b# d e t e nnined. it is nec- 
essary' to determine: the number of individuals 
who reside in the same household; who are h^ 
nanciaUv obligated to one another (the income 
unit); and the amount of the gross monthly in- 
come available to them. 



k^ 



M 



¥^f purposes ©f determining family &ig«7 
famil> ' moans Ae basic family wwt- con 

if aftVr related by blood, marriage, e* 
adoption aft4 residing ift tite some house 
hold, \\^ero related adults, other than 
r f pousL ' s, ef unrelated adults r e sid e te- 
gether, each i* considered a separate fam 
tkr Children Living with non legally 
responsible r e latives, emancipated minors, 
afi4 children living under tl*e eafe ef »«- 
r e lat e d persons aje afee considered te- be 
one person families. 
1 he following are defmed as separate in- 



come units for purposes of determining eligibihtv 
and fees. 

( 1) Biological or adoptive parents and their 
mmor children; 

(2) A minor parent and his or her children: 

(3) Fach adult, whether related or unrelated. 



other than spouses; 



Statutory Authority G.S. 50-13.4; 110-129(2); 
I43B-I53. 

.0104 DEFINITION OF ESTABLISHED 
INCOME 

¥i*e ootabliohed income shall be the amount 
d e t e rmined by th# Social S e n i ic e s Commission 
fof a family ei fe«f afi4 adjusted accordingly fof 
different sia© familios. The established income is 
the median income set by the federal government 
and printed in the Federal Register of 1979, ap- 
proved by the Social Services Commission as the 
standard for use in determination of eligibility 
and fees. 

Statutory Authority G.S. 1438-153. 

SUBCHAPTER 35F - FEES FOR SERVICES 

.0002 SERVICES FOR WHICH FEES ARE 
CHARGED 

Fees must be charged for the following services 
or resource items when these services are pro- 
vided to individuals whose family gross monthly 
income is at or above 100 percent of the state's 
established income (median income designated in 
the Federal Register of 1979) fof their family seer 
adjusted according to the number of persons 
contained in the income unit: 

(1) chore services; 

(2) day care ser\'ices for adults; 

(3) homemaker services; 

(4) preparation and delivery of meals; 

(5) housing and home improvement resource 
items only; and 

(6) personal and family counseling services. 

Statutory Authority G.S. I43B-I53. 

CHAPTER 39 - EMPLOYMENT PROGRAMS 

SUBCHAPTER 39D -JOB OPPORTUNITIES 

AND BASIC SKILLS TRAINING (JOBS) 

PROGRAM 

SECTION .0100 - AD.MINISTRATION 

.0101 LMPLEMENTATION SCHEDULE 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



1263 



PROPOSED RULES 



(a) All counties operating a Community Work 
Experience Program on Januan' 1, 1990 shall 
begin operation of the Job Opportunities and 
Basic Skills Training (JOBS) Program on Octo- 
ber 1, 1990. 

(b) Effective April 1, 1991: 

(1) /\ny county within a single county Met- 
ropolitan Statistical Area shall begin op- 
eration of the JOBS program. 

(2) Any county which has not begun the 
JOBS program and in which 1.500 per- 
cent or higher of the state's adult AEDC 
recipient population resided in September 
1989 shall begin operation of the JOBS 
program. 

(3) Based on fund availability any remaining 
county which has not implemented JOBS 
may voluntarily begin operation of the 
JOBS program. 

(c) Effective July 1, 1991: 

(1) .Any county which has not begun the 
JOBS program and in which .855 percent 
or higher of the state's adult .AEDC re- 
cipient population resided in September 
1989 shall begin operation of the JOBS 
program. 

(2) Based on fund a\'ailability, any remaining 
county which has not begun the JOBS 
program may voluntarily begin operation 
of the JOBS program. 

(d) Effective January- "l, 1992: 

(1) .Any county which has not begun the 
JOBS program and in which .346 percent 
or higher of the state's adult AEDC re- 
cipient population resided in September 
1989 shall begin operation of the JOBS 
program. 

(2) Based on fund availability, any remaining 
county which has not begun the JOBS 
program may voluntarily begin operation 
of the JOBS program. 

(e) Any remaining county which has not im- 
plemented the JOBS program shall begin opera- 
tion of the JOBS program e ff e ctiv e J«ly 4t 1993. 
when Eederal JOBS funds are available. In the 
event that a\ailable Eederal JOBS funds cannot 
support all remaining counties which have not 
begun the JOBS program, each remaining county 
will begin the JOBS program in the following 
manner: 

( 1 ) I'he county in which the highest number 
of the state's adult AEDC recipient pop- 
ulation resided, based on the most cur- 
rently aN'ailable data, shall begin the JOBS 
program ahead of the remaining counties: 
and 

(2) Each remaining county will begin the 
JOBS program in descending order based 



on the number of the state's adult AEDC 
recipient population residing in the 
countVj^ based on the most currently 



available data, and the availabihtv of 
Eederal JOBS funds to support the JOBS 
program m the county. 
(f) The Division of Social Services shall estab- 
lish criteria for granting individual waivers to the 
implementation schedule described in this Rule 
in situations where a county department of social 
services is unable to implement the JOBS Pro- 
gram due to circumstances beyond the county's 
control. The director of the county department 
of social services must submit a written request 
for the waiver which describes the reasons for the 
waiver and proposes a time frame for imple- 
menting the JOBS Program. The request must 
be signed by the chairman of county's Social 
Services Board and the chairman of the county 
commissioners. 

Authority G.S. IOSA-29: I43B-I53; 42 U.S.C. 
6S2(aj(2): 45 C.F.R. 250.11. 

SECTION .0200 -JOBS P.\RTICIPATION 

.0202 CONCILl.ATION PROCEDLRE 

(a) Each county dopartmont ©f Docial sop i 'icoo 
The Di\ision of Social Ser\'ices shall establish a 
written conciliation procedure allowing partic- 
ipants and staff responsible for JOBS case man- 
agement to appeal and resolve disputes affecting 
program participation, including but not limited 
to provision of supportive services and work ex- 
perience placement conditions. The procedure 
shall include an opportunity for a meeting be- 
tween the participant and JOBS staff for the 
purpose of resolving the dispute. If the dispute 
is not resolved, the procedure shall include an 
opportunity for an informal hearing conducted 
by the county director or his designee. 

(b) The county department of social services 
shall begin the conciliation process within seven 
calendar days after a participant or staff respon- 
sible for JOBS case management asks for concil- 
iation. The conciliation process shall not extend 
beyond 30 calendar days after the date of the in- 
itial request for conciliation. 

Authority G.S. IOSA-29: 143B-153; 42 U.S.C. 
6S2(aJi2): 45 C.F.R. 250.36. 

.0210 SERVICES DURING G.\PS IN 
P.\RTICIP.\TION 

The following supportive services can be pro- 
\idcd up to the maximum time specified in 45 
CER 255.2(d): 



1264 



5:21 .\ORTH CAROLINA REGISTER Februaiy L 1991 



PROPOSED RULES 



(1) Child care services for an individual who is 
waiting to enter an approved education, 
training, or JOBS component or employ- 
ment; and 

(2) Other supportive services as defmed in the 
State's Supportive Services Plan as required 
by 45 CFR 255.1. 

Auihonty G.S. IOSA-29: 45 C.F.R. 255.2(d). 

SECTION .0400 - SLPPORTIVE SERVICES 

.0404 TRANSJ'ORTATION SERVICES 

Transportation services mean arranging for, 
providing or purchasing transportation as part of 
an employability plan to enable JOBS partic- 
ipants and family members for whom transpor- 
tation is not otherwise available to have access 
to medical and health resources, education, em- 
ployment and training opportunities, and other 
community facilities and resources to support the 
delivery of social services necessary and proper 
to carry out the individual's employabihty plan 
as defmed in 45 CFR 250.41. 

Authority G.S. /08A-29; I43B-I53: 42 U.S.C. 
602(g); 42 U.S.C. 682(a)(2). 

.0408 PARTICIPATION EXPENSES 

Payment of expenses for JOBS participants and 
family members are allowable when needed to 
facilitate participation in approved education or 
training activities or both, fie* te- oxcood 6v« 
hundred dollars ($500.00) pef 44 month period 
unl e r . s approval te- oxcood that- amount i« granted 

L' T ill*- Uil VLll^I KJi. 1 1 WJ \,^J \.H.i\ J \1\J I 'Ul 111 IV^l 1 1 \J\ .^n^rtJIUl 

sen'ico ' j. Expenses may include, but are not 
Limited to, car repairs, licensing fees, medical and 
dental services, when otherwise not available. 

Authoritv G.S. /08A-29; /43B-/53; 42 U.S.C. 
602(g); 42 U.S.C. 682(a)(2); 45 C.F.R. 
255.2(c)(1). 

.0409 ONE-TIME WORK RELATED EXPENSES 

Payment of expenses are allowable when 
needed, as determined by an individual assess- 
ment, to allow APDC applicants and recipients 
in JOBS counties to accept or maintain employ- 
ment. Het- t» oxoood fi¥» hundred doUars 
(S5U0.00) pw +5 month period unless approval 
te- e.'iCL'od tlwt- amount i* granted by th^ director 
&f t4^ county depcu-tment »f social sor i iooo. Ex- 
penses may include but are not limited to tools, 
uniforms, car repairs and insurance, licensing 
fees, medical and dental services not otherwise 
available, and relocation costs. 



Authority G.S. 108A-29; I43B-I53; 42 U.S.C. 
602(g); 42 U.S.C. 682(a)(2); 45 C.F.R. 
255.2(c)(3). 

.041 1 SUPPORTIVE SERVICES TO BE 

AVAILABLE IN NON-JOBS COUNTIES 

Child care and child care transportation shall 
be made available to an AEDC parent in a 
non-JOBS county who meets the following cri- 
teria: 

(1) Receives AEDC either as an adult or child 
recipient; and 

(2) Is age 13 through 19; and 

(3) Is enrolled either as a full-time or part-time 
student in an elementary or secondary 
school or high school equivalency program; 
and 

(4) Is living with the child; and 

(5) Has a child care cost for the child so that 
the parent can attend school. 

Authority G.S. I08A-29; 45 C.F.R. 255.2(c)(2). 

.0412 SUPPORTIVE SERVICES LIMITS 

The monetary limits to be placed on JOBS 
supportive services shall be estabUshed by the 
Division of Social Services and included in the 
State Supportive Services Plan as required by 45 
CFR 255.1(c). 

Authority G.S. I08A-29; 45 C.F.R. 255.1(c). 

.0413 DEFINITION OF FAMILY MEMBER 

For purposes of receiving JOBS funded sup- 
portive services, a family member of a JOBS 
participant means one of the following: 

(1) A spouse who lives in the same house; or 

(2) Children related by blood, marriage, or 
adoption, and residing in the same house; 
or 

(3) Grandparents, grandchildren, cousins, 
aunts, uncles, nieces, nephews, brothers, and 
sisters of the JOBS participant who reside in 
the same household; or 

(4) Emancipated minors and unrelated children 
living under the care of the JOBS partic- 
ipant; or 

(5) Children for whom the participant is legally 
responsible; or 

(6) A relative of a JOBS participant whose 
well-being and safety is the responsibility of 
the JOBS participant but who does not re- 
side in the same household as the JOBS 
participant. 

Authority G.S. 108A-29; 45 C.F.R. 250.10. 

CHAPTER 41 - CHILDREN'S SERVICES 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



1265 



PROPOSED RULES 



SLBCHAPTER 41H - ADOPTION STANDARDS 

SECTION .0400 - ADOPTION ASSISTANCE: 
GENERAL 

.0405 CATEGORIES OF ASSISTANCE AND 
EXTENT OF BENEFITS 

(a) There are fo«f three categories of adoption 
assistance; 



(1) 
(2) 

(3) 



monthly cash payments; 
vendor payments to pro\iders of medical 
services; 

vendor payments to providers of psycho- 
logical, therapeutic, and remedial services. 
' ■ ondor payment o te pro>'idoro »f local 
C i CTV ' iooo fof Ae filing ©f adoption pro 
coodingo. 

(b) A child may be determined eligible for more 
than one category of assistance. 

(c) Vendor payments from adoption assistance 
to providers of medical services not co\'ered by 
Medicaid or other medical benefits shall not ex- 
ceed twelve hundred dollars ($1,200) per vear per 
child. 

(d) Vendor payments from adoption assistance 
to providers of psychological, therapeutic, ;md 
remedial services shall not exceed twelve hundred 
dollars ($1,200) per year per child. 

fe^ \'endor payments from adoption a ' j ' jif . tanco 
to pro' . idcro t*f legal oop i iceo shall Bet- uxcuod Wh& 
hundred 6% dollars ($250.00) pef ehiMr 

Statutory' Authority G.S. IOSA-49: lOSA-50; 
I43B-I53. 

.0407 ELIGIBII ITY REQUIREMENTS FOR 
VENDOR PAWIENTS 

(a) Prior to the child's receipt of vendor pay- 
ment benefits from adoption assistance to med- 
ical pro\iders and to pro\iders of psychological, 
therapeutic, and remedial services, ©f to providers 
si legal oep i ioos, the following cHgibility factors 
must be determined: 

(1) The child is legally clear for adoption, or 
must have been legally adopted: 

(2) The child is, or was, the placement re- 
sponsibility of a North Carolina agency 
authorized to place children for adoption 
at the time of adoptive placement; 

(3) The child has special needs that create a 
fmancial barrier to adoption; 

(4) Reasonable but unsuccessful efforts have 
been made to place the child for adoption 
without the benefits of adoption assist- 
ance; or 

(5) The child's special needs, though pre- 
existing, are detected only after his place- 
ment into an adopti\'e home. 



(b) The child must be under eighteen years of 
age. 

(c) A child's eligibility for vendor payment 
benefits from adoption assistance to medical 
providers and to providers of psychological, 
therapeutic, and remedial senices shall be deter- 
mined on the basis of documentation of: 

(1) a known and diagnosed medical, mental, 
or emotional condition that will require 
periodic treatment or therapy or a medical 
or remedial nature; or 

(2) a potential handicap due to hereditary 
tendency, congenital problem, birth in- 
jury, or other documented high risk factor 
leading to substantial risk of future disa- 
bility. 

(d) A child's eligibility for vendor payment 
benefits from adoption assistance to medical 
providers and to providers of psychological, 
therapeutic, and remedial services may be deter- 
mined at any time during the child's minority if 
the medical, mental, or emotional condition, 
congenital problem, birth injury, or other docu- 
mented problem is determined to ha\e been pre- 
existing at the time of his placement into an 
adoptive home. 

(e) Prior to the child's receipt of vendor pay- 
ment benefits from adoption assistance for which 
he is eligible, the adoptive parents must enter into 
an agreement with the child's agency to indicate 
the extent to which they desire the child to par- 
ticipate in this component of the benefits pro- 
gram. The adoption assistance agreement must 
be renewed on an annual basis once the child 
begins to recei\'e benefits so long as the child re- 
mains eligible to receive vendor benefits, or as 
long as the parents wish him to receive these 
benefits. 

(f) For a child to receive vendor payment ben- 
efits from adoption assistance. North Carolina 
residency is not a requirement for the child and 
adoptive parents. 

Statutoty Authority G.S. lOSA-49: 108A-50; 
I43B-I53. 

.0408 PROCEDLRES/REIMBIRSEMENT OF 
ADOPTION ASSISTANCE BENEFITS 

(a) ."Xdoption assistance benefits for which the 
child may be eligible with Ai* oxccption »f \ x tn 
def payments fof legal fees, wiU become effective 
the first month following the month in which the 
final order of adoption is issued. 

(b) Claims from service providers and monthly 
cash assistance will be reimbursed or provided 
from adoption assistance funds in accordance 
with policies established by the Division of Social 
Services, subject to the following limitations: 



1266 



5:21 SORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



(1) Vendor payments to medical providers 
and to providers of psychological, 
therapeutic, and remedial services will be 
made only for treatment or services given 
to aLle\iate or correct those special condi- 
tions for which the child has been deter- 
mined eligible to receive benefits. 

(2) Vendor payments will not be made to re- 
imburse providers for the following: 

(A) routine medical examinations; 

(B) illnesses or conditions not related to or 
resulting from the conditions for which 
the child was determined eligible for ven- 
dor payments: 

(C) services or treatment provided to the 
child prior to entry of the final order of 
adoption; and 

(D) ser\ices or treatment that may have 
been provided on or after the fu'st day of 
the month following the month in which 
the child's ehgibility ceases. 

(c) No local match, in terms of dollars, is re- 
quired for funds for those children certified to 
receive benefits under the State Fund for 
Adoptive Children with Special Needs for whom 
the fmal order of adoption is entered on or before 
June 30, 1982, or for children who are the place- 
ment responsibility of licensed private child- 
placing agencies with the exception of monthly 
cash payments for those children who are ehgible 
for benefits from Title IV-E of the Social Security 
Act. 

Statuton Authority G.S. IOSA-49; IOSA-50; 
I43B-I53. 

SECTION .0500 - OLT-OF-ST.\TE .\DOPTION 
FEES - GENERAL 

.0501 PURPOSE OF OLT-OF-ST.\TE 
■ADOPTION SERVICE FEES 

(a) Out-of-state adoption service fees are es- 
tablished as part of the state-wide permanency 
planning effort for the purpose of providing ser- 
vices to foster children to assist in fmding per- 
manent adoptive homes for them. 

(b) Iliis adoption ser\'ice fee is provided to 
county departments of social services for pay- 
ment of service fees to obtain adoption services 
from out-of-state adoption agencies, including 
assisting with the costs of 

(1) recruiting and securing an adoptive home 
for the child; 

(2) Pre' placement pre-placcment services to 
family and child; 

(3) post-placement services to family and 
child; 

(4) post-fmalization services. 



(c) The adoption service fee is designed to 
provide fmanciaJ assistance to enable county de- 
partments of social services having legal place- 
ment and consenting authority of children to 
expand their adoptive family recruitment through 
referrals to out-of-state adoption agencies that 
specialize in hard-to-place children. 

(d) The Division of Social Services will provide 
a maximum of one thousand eight hundred dol- 
lars ($1800) per child for adoption service fees 
contracted for between a county department of 
social services and an authorized out-of-state 
adoption agency. 

^ Th# Division &f Social Sop i iooo wiH provide 
paym e nt fep costs ef transportation n e cesoary to 
facilitate out of state placem e nts. Payments v^H 
be made «p te Ae maximumo established by tite 
Social Sorvicoo Commission fof Transportation 
SoP i 'icos und e r +0 NCAC 12N". 

Statutory Authority G.S. 4S-I; I43B-I53. 

.0502 GENERAL ELIGIBILITY 
REQUIREMENTS 

(a) The county department of social services 
having legal placement responsibility for a child 
shall submit an application for payment of ser- 
vice fees to the Division of Social Services, Chil- 
dren's Services Branch. 

(b) The application shall provide documenta- 
tion of the following: 

(1) that the agency making application has 
legal placement and consenting authority 
for the child; 

(2) that the child is legally cleared for 
adoption; 

(3) that the child is one who is considered 
hard to place due to such factors as: 

(A) age; 

(B) race; 

(C) physical, mental, or emotional hand- 
icap; and 

(D) being a member of a sibling group; 

(4) that the child is registered on the North 
Carolina Adoption Resource Exchange. 

(c) To the extent funds are available, the Divi- 
sion of Social Services will approve the payment 
of an adoption service fee &f tl*e paym e nt ©f 
transportation fees, »f both, and will notify the 
county in writing of this approval. 

(d) The county department of social services 
win send the division of social services a copy of 
the purchase of service agreement negotiated with 
the out-of-state provider and will notify the Di- 
vision of the dates payments arc due. 

(e) The Division will retroactively approve 
payment of purchase of service fees due out-of- 
state agencies for service agreements a county 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1267 



PROPOSED RULES 



department may have entered into between July 
1, 1980, when funding for this program was ap- 
propriated, and March 23, 1981, the date of au- 
thorization of these Rules by the Social Services 
(Commission. 

(4^ i» in ;i tanoL"; . " . vh e r e payment fof trun i cporta 
^+e» cof i tii Hi ri ' quL >' . . tL'd, A*» county dopartmont «rf 
social f i C'rvicof ' Vi^ document tfeat- payment fof 
tran ' / . portation i* h«4- oth e rwi ' j .e availabl e k» facil 
itato tbe placem e nt. 

Statutory Authority G.S. 48- 1: I43B-I53. 

SKCTION .0600 - NON'-RECl RRING ADOPTION 
COSTS: GENERAL 

.0601 PI RE'OSE OF REIMBURSEMENT OF 
NON-RECT RRINC; ADOPTION 
E.XPENSES 

Reunbursement of non-recuning adoption ex- 
penses incurred by adoptive parents shall be 
provided by county departments of social services 
in accordance with requirements set forth in 
Section .0600 et seq. of 10 NCAC 41H to facili- 
tate the adoption of children with special needs, 
and in accordance with procedures established 
by the State Division of Social Services. 



Stututon' Authority 
I43B-I53. 



G.S. IOSA-49: /OSA-50: 



.0602 DEFINITIONS 

(a) Non-recurring costs for which reimburse- 
ment can be claimed are those costs associated 
with the adoption that are incurred prior to or 
at the time of the adoption and which include; 

(1) reasonable and necessary adoption fees; 

(2) court costs; and 

(3) attorney's fees. 

(b) Other non-recurring expenses covered in 
this Section includes costs of adoption incurred 
by or on behalf of the adoptive parents and for 
which they carrv' the burden of payment, includ- 
ing; 

adopti\'e home study; 
physical examinations; 

psychological examinations, when re- 
quired by an agency; 

supervision of the placement prior to entn,' 
of the final order of adoption; and 
transportation and costs of lodging and 
food for the child and adopti\e parents 
when necessary to complete the adoptive 
process. 



(1) 
(2) 
(3) 

(4) 

(5) 



.0603 REQUIREMENTS 

The non-recurring expenses of a person who 
adopts a child with special needs will be reim- 
bursed up to the maximum allowable amount 
based on the following criteria; 

(1) The child cannot or should not be returned 
to the home of his parents. 

(2) The child has been determined by a county 
department of social services to have special 
needs due to one or more of the following; 

(a) a physical, mental, or emotional disability, 
or high risk factor for such due to back- 
ground history; or 

(b) is a member of a sibling group being 
placed together. 

(3) Reasonable but unsuccessful efforts have 
been made to place the child into an 
adoptive home without providing adoption 
assistance, except when it would be against 
the best interests of the child to seek a family 
other than the one with which he has been 
living as a foster child and with whom he 
has established significant emotional ties. 

(4) On or before entry of the fmal order of 
adoption a written agreement concerning 
reimbursement of non-recurring costs is en- 
tered into between a county department of 
social services and a person who adopts a 
child with special needs. Exceptions to this 
requirement include; 

(a) those whose adoptions were completed 
prior to Januaj)' 1, 1987 but the non- 
recurring adoption expenses were paid af- 
ter January 1, 1987; and 

(b) those whose adoptions were completed 
between January 1, 1987 and on or before 
June 14, 1988. 



Statuton' 
J43B-/53. 



Authority G.S. IOSA-49; I OSA-50: 



.0604 REIMBURSEMENT FOR NON- 
RECURRING ADOPTION EXPENSES 

(a) The maximum amount for which adoptive 
parents will be reimbursed for non-recurring 
adoption expenses shall not exceed two thousand 
dollars ($2,000). 

(b) No maximum rates for specific 
reimbursable services shall be established by the 
State Division of Social Services or by any 
county department of social ser\'ices. 



Statutory Authority 
143B-I53. 



G.S. /OSA-49: /OSA-50: 



Statuton' .i uthority 
I43B-I53. 



G.S. IOSA-49: JOSA-50; 



CHAPTER 44 - DIVISION OF YOUTH 
SERVICES 



I26S 



5:21 NORTH CAROLINA REGISTER February I, 1991 



PROPOSED RULES 



SLBCHAP FER 44B - NORTH CAROLINA 

.MINIMLM STANDARDS FOR JL\ ENILE 

DETENTION FACILITIES 

SECTION .0400 - STANDARDS FOR 
ADMISSIONS 

.0402 ADMISSION PROCEDURES 

Male staff shall supervise the admission of the 
male juveniles and the female staff shall supervise 
the admission of the female juveniles. The intake 
process during admission shall include but need- 
not be limited to the following: 

(1) The juvenile shall be searched and all his 
personal property removed, signed for and 
stored. lUegal drugs and weapons found on 
a juvenile shall be given to the juvenile's 
court counselor or other appropriate au- 
thorities. 

(2) An intake interview shall be conducted to 
obtain personal and medical data, discuss 
the detention program, and to explain the 
detention center's rules and regulations, a 
written copy of which shall be given to the 
juvenile to read and keep. 

(3) A juvenile's body shall be examined for Hce, 
bruises, abrasions, or unusual marks and 
symptoms of communicable disease. The 
fmdings shall be recorded and unusual 
fmdings brought to the attention of the ap- 
propriate medical personnel and the juve- 
nile's court or social worker. 

(4) Each juvenile shall take a shower and be 
given clean clothing and toiletries provided 
by the detention facility. Appropriate 
clothing shall be provided. The child's 
clothes shall be washed and stored, ready for 
his court appearance or release. 

f^ During y+» admiooions proceco. staff may 
Imiit ju' . L'niloo te Wr» complotod local e* 
coUuct long diotanoo t e lephone calls te fam 
iiv mombero »f othoy approved individualc p , 
OKcluoivo »f attomoyo. 

(5) (6) Any person or institution who has cause 
at any time during the juvenile's stay to 
suspect that a juvenile has been or is being 
abused or neglected shall report the case to 
the Director of the Department of Social 
Services in the county where the detention 
center is located or where the juvenile re- 
sides, in accord with G.S. 7A-543. 

Statutory Authority G.S. 7A-543: I34A-39: 
I53A-220: 153A-22I; I53A-22I.I. 

SECTION .0500 - STANDARDS FOR DAILY 
PROGRAMS AND SERVICES 

.0502 FOOD SERVICES 



Food services of the detention facility shall 
provide a diet that meets the Recommended 
Dietary Allowances of the National Academy of 
Sciences, which is incorporated by reference into 
these Rules, in accordance with G.S. 1 SOB- 14(c). 
Menus shall be reviewed annually by a quahfied 
dietitian. .Menus, which shall be followed, shall 
be planned and available for review at least one 
week in advance. Three meals, of which two are 
hot meals shall be served at regular times during 
each 24-hour period, with no more than 14 hours 
between the evening meal and breakfast. Meals 
shall be served three times a day. Foods shall 
be properly stored, cooked and served in com- 
pliance with sanitary rules adopted by the Com- 
mission for Health Services, pursuant to 
provisions of G.S. 153A-226. Menus shall take 
into account the cultural differences in food taste, 
rehgious behefs and shall be home-cooked type 
meals. Provisions shall be made to provide spe- 
cial diets as prescribed by appropriate medical or 
dental personnel. Menus for special diets shall 
be reviewed and approved in a timely manner by 
a registered dietitian. Food shall never be with- 
held as a punishment. Denying a juvenile des- 
serts or serving him smaller portions of any food 
shall not be used as punishment. Snacks which 
shall not replace meals, shall be provided at least 
twic e once a day including ©r« to be provided 
during the evening hours. Provisions shall be 
made for the feeding of juveniles who have been 
without food for some time and who are admit- 
ted after the kitchen is closed for the day. Dated 
invoices or bills indicating all foods served to ju- 
veniles and dated menus showing meals as ser\'ed 
shall be kept in accordance with the required fis- 
cal and programmatic records retention schedule 
of the facility. Invoices shall show specific kinds 
and amounts of food purchased and identify the 
vendor. If it is necessary to purchase meals from 
an outside agency, a written agreement shall be 
drawn to meet standards of service, in order to 
assure conformity to the minimum standards. 



Statutory Authority G.S. 
I53A-221; I53A-22I.I. 



134A-20: J34A-39; 



.0507 USE OF DEFENSIVE AND 
RESTR.4INING FORCE 

(a) The use of corporal punishment is prohib- 
ited. Defensive or restraining force may be used 
within reason for self-protection, protection of 
juveniles, or enforcement of discipline. Corporal 
punishment or physical assault on a juvenile by 
a staff member shall be regarded as cause for im- 
mediate suspension pending dismissal. 

(b) Corporal punishment is defmed as slapping, 
pinching, kicking, arm-twisting, hair-puUing, or 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



1269 



PROPOSED RULES 



any other ofTensive act intended to result in 
physical pain to the juvenile. Personal debase- 
ment of a juvenile such as use of violent, profane 
or abusive language and any other action on the 
part of a staff member toward a juvenile which 
would be injurious is prohibited. This includes, 
but is not limited to deliberate neglect or delib- 
erate failure to respond to the juvenile's needs; 
e.g., refusing to provide necessary medical care 
or withholding food for punishment. Any staff 
member who has reason to suspect abuse or 
neglect of a juvenile shall report directly to the 
Director of the Department of Social Services in 
either the county in which the detention center 
is located or the county in which the juvenile re- 
sides, in accord with G.S. 7A-543. There shall 
be no deviation from strict adherence to this 
policy. In a situation where there is doubt as to 
the applicability of a policy in a given situation, 
it shall be reported as if a violation had occurred 
so that discretion as to enforcement of that policy 
will be in the hands of the proper authority. 

Statutory Authority G.S. 7A-543; J53A-22J; 
I53A-22I.I. 

.0508 RUNAWAYS 

(d) Upon return to the facility, the juvenile 
shall be confmed for a period of up to 24 hours, 
during which time isolation shall be documented 
as established in Rule .0506 of this Section, and 
in addition, the juvenile shall be counseled re- 
garding the event. Confmement for periods of 
over 24 hours must shall be authoru;od by re- 
ported to the Manager of Detention Services, 
within 24 hours of the completion of the first 24 
hours of confinement of the iu\enLle, and re- 
viewed e\er>' 24 hours by the Detention Manager 
or a designated administrator not involved in the 
incident. When any runaway from one of the 
training schools is apprehended and immediate 
transportation back to that school is not possible, 
detention care shall be provided. Detention care 
shall be provided where necessary for juveniles 
who have run away from other jurisdictional 
districts within the state or from other states and 
who require secure custody pending transporta- 
tion. 

Statutorv Authority G.S. 7A-574; I34A-39; 
I53A-22I: I53A-22I.I. 

.0510 MSITATION AND COMMLMCATION 

(a) Each detention facility shall develop written 
policies regarding vic . it r . to visitation and com- 
munication with children in detention. Vir i itinu 
roculation - ' . f . hall b^ llL'^iblo a«4 ^ir . itation by »f»- 
propnutc pcoplu i i hall be oncouragcd. 



(1) Visitation by parents, guardians or custo- 

dians shall be approved by the committing 
agency in concurrence with the juvenile 
detention homo center director. Visits by 
their the juvenile's court counselor, attor- 
ney, or social services worker shall be fa- 
cilitated. The written visiting visitation 
and communication regulations- shall be 
available to t4*e childr e n juveniles and to 
their parents. Visitation privileges may 
be revoked if misused or visitation regu- 
lations are violated, by parent o, et«T 

(2) All children shall have the right to corre- 

spond in writing to their parents, guardi- 
ans, court officials, attorneys and social 
services workers. No correspondence to 
or from juveniles shall be censored. 
However, incoming mail may be checked 
for contraband. Writing materials and 
postage shall be made available to chil- 
dren in quantities approved bv each cen- 
ter's communication policy. 
The juvenile may make telephone calls, 
with the approval of staff, at times desig- 
nated by the center's communication pol- 
icy. Calls shall be made only to family 
members, guardians, custodians, juvenile 
justice or social ser\'ices professionals, or 
other individuals approved bv the De- 
tention Director. Juveniles shall be given 
access by phone and by visitation to their 
attomev. 



Ln 



(b) All the above regulations are subject to the 
hmitations specifically ordered by the court. 

Statutory Authority G.S. I53A-22I; 153A-22I.I. 

.0519 RECORDS AND REPORTS 

Hach detention facility shall maintain records 
on the activities of each juvenile to include: 

(1) detention and release orders; 

(2) admission and release dates; 

(3) clotliing and personal property inventory; 

(4) medical, educational, psychological, psy- 
chiatric, etc., information; 

(5) staff observation reports; 

(6) isolation reports; 

(7) room check reports; 

(8) runaway reports; 

(9) accident or injurv reports; 

(10) group workers' log-important observa- 
tions on individual juveniles: their relation- 
ships to others, their attitude and behavior, 
and their activities as they affect the state of 
the group; 

(11) monthly statistical report to the Division 
of Youth Services; 



1270 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



PROPOSED RULES 



(12) report of a juvenile's death in the detention 
facility, to be filed within five days to the 
local or district health director and to the 
Di\ ision of Youth Services. 

completed »» aew omployuos aft4 «*»(• to- 
ti*e Dii i ision »f ^'outh Sonicoo. 

Statutory Authority G.S. J53A-220; J53A-22J; 
I53A-221.I. 

TITLE ISA - DEPARTMENT OF 

EMTRONMENT, HEALTH, AND 

NATURAL RESOURCES 



1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the EHNR - Dhision of Coastal 
M anagement intends to amend rules cited as 15A 
NCAC 7H .0208 and ISA NCAC 7 J .0409. 

1 he proposed effective date of this action is June 
I, 1991. 

1 he public hearing will be conducted at 4:00 
p.m. on March 21, 1991 at the Holiday Inn, 1706 
North Lumina Avenue, Wrightsville Beach, NC. 

C^ omment Procedures: A II persons interested in 
these matters are invited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. Anyone desiring to present lengthy com- 
ments is requested to submit a written statement 
for inclusion in the record of proceedings. Addi- 
tional information concerning the hearing or the 
proposed amendments may be obtained by con- 
tacting James Wuenscher, Division of Coastal 
Management, P.O. Box 27687, Raleigh, NC 
276/1, (919) 733-2293. 

EXPLANATION OF AMENDMENT TO 
ISA NCAC 7H .0208 

The proposed amendment to 15A NCAC 7H 

.0208 changes the defmition of Primary Nursery 
Areas to include those designated by the Wildlife 
Resources Commission in waters under its juris- 
diction. The present definition includes only 
PNAs designated by the Marine Fisheries Com- 
mission in its jurisdictional waters. 

The result of this amendment would be to apply 
existing restrictions on permissible activities 
within PNAs to additional areas. These re- 
strictions include the foUowing. Navigation 
channels, canals and boat basins must be aligned 



or located so as to avoid PNAs. Drainage 
ditches may not have a significant adverse effect 
on PNAs. Marinas which require dredging may 
not be located in PNAs or in areas which require 
dredging through PNAs for access. Civil penal- 
ties for unpermitted activities in PNAs may be 
higher than those for areas not so designated. 
Other restrictions on activities within or contig- 
uous to PNAs may exist in local land use plans. 

CHAPTER 7 - CO.\STAL MANAGEMENT 

SUBCHAPTER 7H - STATE GUIDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .0200 - THE ESTUARINE SYSTEM 

.0208 USE STANDARDS 

(a) General Use Standards 
(4) Primary nursery areas are those areas in 
the estuarine system where initial post 
larval development of finfish and 
crustaceans takes place. They are usually 
located in the uppermost sections of a 
system where populations are uniformly 
early juvenile stages. They are officially 
designated and described by the N.C. 
Marine Fisheries Commission in 15A 
NCAC 3B .1405 and by the N.C. WUdlife 
Resources Commission in 15A NCAC 
IOC .0110. 



Statutory Authority G.S. II3A-107(b); 
II3A-I08; 1I3A-1 13(b): II3A-124. 

SUBCHAPTER 7J - PROCEDURES FOR 

HANDLING MAJOR DEVELOPMENT 

PERMITS: VARIANCE REQUESTS: APPEALS 

FROM MINOR DEVELOPMENT PERMIT 
DECISIONS: AND DECLARATORY RULINGS 

SECTION .0400 - FINAL APPROVAL AND 
ENFORCEMENT 

.0409 CIVIL PENALTIES 

(e) Notice of Assessment. 
(1) The Commission hereby delegates to the 
director the authority to assess civil pen- 
alties according to the procedures set forth 
in this Rule. The director shall assess a 
civil penalty of not less than fifty dollars 
($50.00) for a minor development vio- 
lation and not less than one hundred dol- 
lars ($100.00) fof a major dovolopm e nt 
■ I 'iolation ift aU caooo ^'h e r e he ha* dotor 
minod ti*a* th« roopondont has committed 
a violation, plus an amount equal to the 
application fee for a major development 
violation. 



5:21 NORTH CAROLINA REGISTER February I, 1 99 1 



1271 



PROPOSED RULES 



Statutory Authority 

//3A-/26(dj. 



G.S. 



I ISA- 1 24; 



•k^k'k-k'k'k-k'k-k-k'k'k-k'k^k-k-k-k 



1\ ot/ce is hereby given in accordance with G.S. 
I SOB- 1 2 that the Water Treatment Facility Oper- 
ators Board of Certification intends to amend rule 
cited as ISA NCAC I8D .0201 and adopt rule 
cited as ISA NCAC I8D .0206. 



Th 



he proposed effective date of this action is June 
I, 1991. 

1 he public hearing will be conducted at 9:30 
a.m. on March 12. 1991 at the Jane S. McKim- 
mon Center, N.C. State Uni\'ersity, Western Bou- 
le\'ard, Raleigh, NC. 

\^ ommcnt Procedures: Any person requiring 
information may contact Mr. John C. McFadyen, 
P.O. Box 27687, Raleigh, NC276II, Phone (919) 
733-0379. Written comments may be submitted 
to the above address 30 days prior to the public 
hearing. Written and oral comments may also be 
presented at the public hearing. Notice of an oral 
presentation must be given to the above address 
at least 3 days prior to the public hearing. A ction 
on rules may be taken at commission meeting 
scheduled to immediately follow the public hear- 
ing. 

CHAPIER 18 - ENVIRONMENTAL HEALTH 

SLBCHAPTER I8D - WATER TREATMENT 
FACILrrV OPERAFORS 

SECTION .0200 - QUALIFICATION OF 

APPLICANTS AND CLASSIFICATION OF 

FACILITIES 

.0201 CRADES OF CERTIFICATION 

Applicants for the various grades of certification 
shall meet the foUowing educational and experi- 
ence requirements: 

f-H Grado G ohall be a higli f i chool graduate ef 
e quivakMit plws e«# vt»«f ef aocoptablo e xp e 
ri e noe. »f b© a coUogo graduate* with at- loaf i t 
4-2 ? : .e m e !it e r hours m the phy - : . ioal Bf natural 
sci e nc e s aH4 liav e throe' months e4^ accopta 
We exp e nenc e , »f hiise si* months ef ae- 
c e plabl i j i>xp i ?nenc e whiie holding a Grado 
C W'oU cortificato. 

(4^ Grado Jft shall be a collogo graduate Vrirt* a 
dogroo » the physical e* natural soioncos ef 
oqui' i alont imA have t*«e veaf ©f aocoptablo 
oxporionco. Bf have »He veaf ©f accoptablo 



e xporionco whil e holding a Grado G oortif 
loato, ef have s» months aco e ptablo e xp e ri 
eftee while holding a Grado B \\^gll 
c e rtificate. 

f^ Grade A shall have efte yeap ef acceptable 
e xperience while holding a Grade J& oortif 
icate. 

f4^ Grado C W^oll shall be a high school grad 
wate »f e quivcJent aR4 have si* months ef 
acceptable e xperience, &f attend a» appros' e d 
C WeU school with so experience. 

(4) Grad e B WoU j ihaU hav e e«e yeaf ef ae- 
oeptablo e xperience ' ■ shile holding a Grade 
C WeU c e rtiticat e . 

( 1) GRAPH A shall have one year acceptable 
experience while holding a Grade B certif- 
icate and have satisfactorily completed an 
approved A school. 

(2) GRAPH B shall: 

(a) Be a coUege graduate with a bachelor of 
science degree in the physical or natural 
sciences or be a graduate of a two year 
technical program with a diploma in water 
and wastewater lechnologv, and ha\e six 
months of acceptable experience, or 

(b) 1 lave one year of acceptable experience 
while holding a (irade C certificate and 
have satisfactorily completed an approved 
B school. 

(3) GRAPH C shall: 

(a) Be a college graduate with a bachelor of 
science degree in the physical or natural 
sciences or b£ ^ graduate of a two year 
technical program with a diploma in water 
and wastewater technology, and have six 
months of acceptable experience, or 

(b) Be a high school graduate or equivalent, 
have six months acceptable experience 
and have satisfactc^nly completed an ap- 
proved C school. 

(Ax C]RAP1-: A-\Vl-;iH shall have one year of 
acceptable experience while holding a Cirade 
B-WeU certificate and have satisfactorily 
completed an approved A -Well school. 

(5) GRAPl- B-WHHH shaU: 

(a) Be a college graduate with a bachelor of 
science degree m the physical or natural 
sciences or be a graduate of a two vear 
technical program with a diploma in water 
and wastewater technology, and ha\'e six 
months of acceptable experience, or 

(b) I lave one veiU" of acceptable experience 
while holding a Grade C-Well certificate 



and have satisfactonh completed an ap- 
proved B-Well school. 
[6] GRAPH C-WHIL shall: 
(a) Be a college graduate with a bachelor of 
science degree in the physical or natural 



1272 



5:2 1 NOR TH CAROLINA REGIS TER February I, 1 991 



PROPOSED RULES 



sciences or be a graduate of a two year 
technical program with a diploma in water 
and wastewater technology, and have six 
months of acceptable experience, or 
(b) Have one year of acceptable experience 
while holding a Grade C-Well certificate 
and have satisfactorily completed an ap- 
proved C-Well school. 



Statutory Authority G.S. 
90A-23. 



90A-2/(c); 90A-22; 



SECTION .0200 - QLALIFICATION OF 

APPLICANTS AND CLASSIFICATION OF 

FACILITIES 

.0206 CERTIFIED OPERATOR REQUIRED 

(a) There shall be an operator in responsible 
charge for each water treatment facihty. 

(b) There shall be an operator holding at least 
a Class C surface certification or above regularly 
assigned to be on duty when a Class A, Class B, 
or Class C surface water treatment facility is 
treating water. Implementation of this require- 
ment is subject to the following provisions: 

(1) Upon the effective date of this rule, each 
affected facilit)' shall have two years to 
come into compUance; 

(2) Upon vacancy of a position resulting in 
noncompliance with this requirement 
each facility shall notify the Board Office 
within 24 hours or at the start of the next 
regular business day of such vacancy; 

(3) Upon such vacancy the facility shall have 
90 days to fill the position with a certified 
Class C or above operator or shall have 
pending approval for a temporary' certif- 
ication for the operator; 

(4) \\'ithin 1 8 months of vacancy the facility 
shall have a certified Class C or above 
operator assigned to fill the vacancy. 



Statutory Authority G.S. 90A-20; 90A-28; 
90A-29. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 

1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of Land- 
scape Architects intends to amend rule cited as 21 
NCAC 26 .0105. 

1 he proposed effective date of this action is June 
/, I99L 

1 he public hearing will be conducted at IL'SO 
a.m. on March 7, 1991 at the First Floor Confer- 
ence Room, Caswell Building, 3700 National 
Drhe, Raleigh, NC 27612. 

V^ omment Procedures: Persons wishing to pres- 
ent oral data, views, or arguments on a proposed 
rule may file a notice with the Board at least 10 
days prior to the hearing. Any person may also 
file a written submission concerning data, com- 
ments or arguments at any time until the date of 
the hearing. Submissions should be mailed to the 
Board at P.O. Box 26S52, Raleigh, NC 276U. 

CHAPTER 26 - LICENSING BOARD OF 
LANDSCAPE ARCHITECTS 

SECTION .0100 - STATUTORY AND 
ADMINISTRATIVE PROVISIONS 

.0105 FEES 

(c) E.xamination fees shall be thrc i^ hundred 
oovonty fivo dollars ($375.00) three hundred ni- 
nety-five doUars ($395.00) for a complete exam- 
ination, and shall be paid prior to the 
examination. 

Statutory Authority G.S. 89A-3(c); 89A-6. 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1273 



FINAL RULES 



1 he List of Rules Codified is a listing of rules that were filed to be effective in the month indicated. 

IXules filed for publication in the \CAC may not be identical to the proposed text published pre- 
viously in the Register. Rules filed with changes are noted with ** Amended, ** Adopted. Please 
contact this office if you have any questions. 

/xdopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. J SOB, Article 2 requiring 
publication in the N.C. Register of proposed rules. 

LJpon request from the adopting agency, the text of rules will be published in this section. 

1 imctualion, typographical and technical changes to rules are incorporated into the List of Rules 
Codified and are noted as * Correction. These changes do not change the effective date of the rule. 



TITLE 5 
DEPARTMENT OF CORRECTION- 
CHAPTER 2 - DLV ISION OF PRISONS 
SUBCHAPTER 2F - CUSTODY AND SECURITY 
SECTION .0600 - CUSTODIAL CLASSIFICATIONS 

.0604 CO.MMLAITY VOLLATEER PROGRAM 

(a) General. It is recognized that private citizens sen'ing as community volunteers can be a valuable 
resource for the Department of Correction and the Division of Prisons. Community volunteers can 
attain firsthand knowledge of the many problems and responsibilities confronting both the staff and 
offender population of the Division of Prisons. As concerned, "credible witnesses," volunteers can aid 
significantly in developing public support for adequate correctional facilities and staff. Volunteers re- 
present a unique resource for working the offender population by supplementing staff, providing goods 
and senices not otherwise available, and bridging the gap between institutions and communities. 

(b) Eligibility. 

( 1 ) A volunteer is any person who pro,vides goods or services to the Division of Prisons of his or 
her own free wiU and does so for no fmancial gain. 

(2j .Any citizen of good character, at least 18 years of age and sufficiently mature to handle the re- 
sponsibilities involved is eligible for consideration to become a community volunteer. 

(3) A Comxnunity Volunteer Application Form (DC-345) must be completed by each applicant 
who wishes to provide ongoing service as a volunteer at a correctional facility. Persons who 
provide a one time service either as an individual or member of a group may not be required to 
complete an application. Tliey will sign a statement covering one time activity. 

(4) .\n investigation will be conducted on each applicant following the same general procedure used 
with applicants for professional employment excluding Criminal Justice Forms, physical exams 
and fmgerprints (optional). The DCI system may be used to ascertain criminal records. In- 
vestigations must be completed before the certification process is completed and identification 
card issued. 

(5j Individuals with criminal records may be considered to serve as volunteers after one year of 

unsupervised involvement in the community with no new arrests. 
(6) Ex-inmates who do not meet the criteria, (Paragraph (b)(4) of this Rule), may be approved as 

community volunteers with the approval of the Director of the Division of Prisons. 



1274 5:21 NORTH CAROLINA REGISTER February I, 1991 



FINAL RULES 



(7) Relatives of an inmate may not serve as a volunteer with the resident to whom they are related. 
They cannot be volunteers in situations where an immediate relative is housed. Immediate rel- 
ative is defined as parent, child, siblings, in-laws, aunt/uncle, or grandparents. 

(8) The approving authority for corrmiunity volunteers is the Area Administrator Institution/Head 
or their designated representative. 

(c) Recruiting. 

(1) Recruiting of volunteers is a staff responsibility under the supervision of the facility's Volunteer 
Coordinator. 

(2) Recruiting efforts may include the public media, civic organizations, appropriate educational 
institutions, public agencies and individuals. 

(3) Active volunteers and members of the facility's Community Resource Councils may be used in 
recruiting efforts. 

(d) Training. 

(1) Each applicant who has been approved as a volunteer will be provided with adequate orien- 
tation and training by the Volunteer Coordinator in accordance with DOP Policies and Proce- 
dures entitled "Community Volunteer Program Training Program". 

(2) Training should be offered on a continuing basis to help volunteers function with maximum 
effectiveness within the facility. 

(3) A "Volunteers Make A Difference Handbook" will be provided for each volunteer. 

(4) Evaluation is a basic technique in training. Each volunteer should be evaluated on a regular 
basis and at least yearly. 

(5) Volunteers should be afforded the opportunity to evaluate their own progress and development 
and the situation in which they are involved. 

(6) Upon completing the required training program, a volunteer who will be providing service at a 
facility will be certified and issued a blue identification card. 

(7) /Vfter completing the required training program and a minimum of one month probationary 
period on-site participation, a volunteer who will serve as a Community Leave Sponsor will be 
certified and be issued a salmon color identification card. The Institution Head or Center Su- 
penntendent can require a volunteer to serve a two month probationary period before certif- 
ication and the issuance of an identification card. 

(e) Placement. 

(1) Volunteers will be placed on approved assignments according to their interests, and capabilities, 
and needs of the facility and in accordance with the security requirements of the facility. Ex- 
amples of possible placements include: 

(A) Counseling (individual, group, family), 

(B) Drug therapy, 

(C) library Assistance, 

(D) Education related (tutoring, teaching classes, vocational), 

(E) Religious related (church services, Bible study, Yokefellow Prison Ministry), 
(E) Staff assistance (clerical, administrative), 

(G) Arts and Crafts, 

(H) Recreation, 

(I) Transportation, 

(J) Pre-release training, 

(K) Alcoholics/ Narcotics Anonymous, 

(L) Community Leave Sponsor, 

(M) Community Resource Council, 

(N) Special events. 

(2) A job description of the assigrmients available in the correctional facility is essential. It should 
include agreement as to frequency and duration of the volunteer service. Both the volunteer and 
the staff member who will supervise activity should review the job description and the volunteer 
will indicate his understanding of the job description by signing the agreement. 

(f) Supervision. 

(1) Each volunteer will be assigned to an immediate supervisor. 

(2) It will be the responsibility of the immediate supervisor to direct and support the volunteer in 
carrying out his assigned responsibility. 

(3) Community Volunteer Certification may be withdrawn by the approving authority for mis- 
conduct, failure to perform according to the agreement or activities that undermine the objec- 
tives of the agency. The reason for the action must be documented to the Area 



5:21 NORTH CAROLINA REGISTER February I, 1 99 1 1275 



FINAL RULES 



Administrator/Institution Head with a copy retained in the facility file. Volunteer will be noti- 
fied in writing of termination, 
(g) Outside Activities. 

(1) WTien a volunteer is certified as a Community Leave Sponsor, he may be authorized to take 
eligible Minimum Custody inmates outside of the facility for approved activities. 

(2) Outside activities that are approved should be limited to those that improve the skills of the 
eligible inmate, develop more responsible behavior, or prepare him for successful re-entry. 

(3) Assignment to the required .Minimum Custody Level should not be the sole criteria for appro\aI 
of inmates to participate in outside activities through the Community Volunteer Program. 
Current progress reports, evaluations, community receptivity, and the general criteria listed un- 
der the Home Leave Program, 5 NCAC 2F .0603, should be considered when authorizing any 
lea\e. 

(4) The immediate supervisor will thoroughly orient the community volunteer and the inmate to 
the conditions of the leave before an outside activity is approved. 

(5) Form DC- 142 must be completed by each volunteer and each inmate who are involved in 
community volunteer leaves. 

(6) A file copy of DC- 142 will be retained in the field jacket of each participating inmate. The 
original DC- 142 will be retained in the facility file. 

(7) \Vhen a community volunteer sponsored outside activity for an inmate is approved, Form 
DC-260 must be completed. The Passbook wiU be issued to the inmate at the time of his de- 
parture. It must be kept on his person during the period of the activity and returned to the staff 
when the activity is concluded. 

(8) The maximum number of hours authorized for any leave may not exceed six hours. Time may 
be extended to a maximum of 10 hours for special activities with approval of the Area 
Administrator/Institution Head/Command Manager. An inmate may be allowed a maximum 
of three leaves per week. 

(9) Community volunteer leaves must terminate no later than 12:00 midnight. 

(10) A community leave will be authorized on a one volunteer to one inmate ratio. Exceptions 
may be approved by the Institution Head Center Superintendent for inmates in level III only. 
This should be permitted only in the case of organized activities. However, no approved vol- 
unteer shall be allowed to supervise more than three inmates. 

(11) yVll leaves must be expUcit as to event and location. 

(12) The volunteer must agree to refrain from using any alcoholic beverages, narcotics or other drugs 
except those lawfully prescribed for him while sponsoring an inmate on any outside activity. 

(13) The community volunteer must agree to return the inmate to the facility or to report by tele- 
phone to the facility if a condition of the lea\'e is broken. 

(14) Female volunteers may not sponsor male inmates; male volunteers may not sponsor female 
inmates on outside activities. 

(15) The community volunteer must remain with the inmate at all times during the outside activity, 
(h) Violations. 

(1) Inmates participating in outside activities are subject to the Rules and Regulations of the Di- 
vision of Prisons, conditions specified on DC- 142, and any special conditions that may be im- 
posed by the approving authority. 

(2) /Vny violations of Rules and Regulations or conditions of the leave wiU be handled through 
disciplinar>' procedure. Form DC- 142 sh;ill be considered as a direct order specifying in writing 
the conditions of the community volunteer pass for the purposes of disciplinary action. 

(3) If an inmate fails to voluntarily return from a community volunteer leave for the first time, but 
voluntarily returns within 24 hours, he will be referred to the AreaTnstitution Disciplinary 
Committee in accordance with departmental procedures. DC- 142 may be used as evidence 
against the inmate. If the inmate returns involuntarily or if he returns voluntarily following a 
second escape from an outside activity, he may be prosecuted in court. In these cases. Form 
DC- 142 should be presented to the Solicitor or District Attorney for documentation. 

(i) Suspension of Outside Activities. Outside activities of an inmate under the Communit>' Volunteer 
Program may be suspended by the approving authority for reasons documented on Form DC-121R. 
A copy of the form must be submitted to the .Area Administrator/ Institution Head 'Command Man- 
ager, 
(j) Progr;im Documentation. 
(1) A Community Volunteer Application (DC-345) must be on file for each individual volunteer 
who performs ongoing volunteer activity. 



1276 5:21 NORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



(2) Groups or persons who provide a one-time special volunteer service, such as a church group, 
do not have to complete individual applications. They will sign a statement for a one-time ac- 
tivity. Staff will record the date of activity, name of group or organization, number of members, 
and approximate number of inmates in attendance during the activity. This will be submitted 
on the DC-256 (Monthly Volunteer Activity Report). 

(3) A Monthly Volunteer Activity Report Form DC-256 will be completed monthly by each unit 
facility/institution. These individual reports will then be submitted to the Area/Command Of- 
fice for computation into one area/complex Area/Command report. This Area/Command re- 
port is then sent to the Division's Volunteer Services Program Consultant. 

(4) Documented volunteer services wiU be recognized as partial fulfillment of training and experi- 
ence requirements for state employment, pursuant to policies adopted by the State Personnel 
Commission. Staff members are encouraged to provide letters of documented volunteer services 
when requested by a volunteer. 

(k) Recognition of Volunteers. 

(1) Facilities should have an annual event to show appreciation to volunteers for the services they 
provided during the preceding year. Examples of recognition activities include presentation of 
certificates of appreciation and an informal reception at the facility or in the community. 

(2) Efforts wiU be. made by the Department of Correction to recognize "outstanding volunteers". 
(1) Special Provision. 

(1) Volunteers shall be exempt from the provisions of the State Personnel Act and other provisions 
of law and regulations. They must, however, comply with all Division of Prisons' Policies and 
Procedures. 

(2) Volunteers are recognized to be covered under /\rticle 31 and 31A of Chapter 143 of the General 
Statutes governing tort claims against State Departments and Agencies and the Defense of State 
Employees. They are not entitled to benefits under Chapter 97 of the General Statutes, the 
Workmen's Compensation Act. 

(3) A person who is certified as a volunteer at one facility is not automatically certified at all facilities 
in the Division of Prisons. They must be certified at each facility following estabUshed Policies 
and Procedures. Persons wishing to serve at more than one facility may apply for permission 
through the Chain of Command with the fmal decision from the Director, Division of Prisons. 

(4) A volunteer who violates Policies and Procedures and is dismissed by a facility is no longer el- 
igible to be a volunteer in any facility in the Division of Prisons. They may submit an appli- 
cation to be reinstated after a three year period. Application wiU be processed as a new 
application, but past violation may be used during review process. A volunteer who is dismissed 
may appeal through the Division's Chain of Command. 

(5) Identification cards will be issued for a maximum of one year. They may be renewed. 

(6) Identification cards are the property of the Department of Correction. They must be surren- 
dered upon request of the Department or when they expire. 

History \ote: Statutory Authority G.S. J 48-4; I4S-1 1; 
Eff. February 1, 1976; 
Amended Eff. March I, 1991; December I, 1984; March 5, 1981; March 17, 1978. 

TITLE 17 
DEPARTMENT OF REVENUE 

CHAPTER 6 - INDFV IDUAL INCOME TAX DI\ ISION 

SUBCHAPTER 6B INDIMDUAL INCOME TAX 

SECTION .0100 - FILESG ESDIMDUAL ESCOME TAX RETURNS 

.0106 FEDERAL FORMS 

If a taxpayer was a resident of North Carolina for the entire year, or if he moved into North Carolina 
during the year, he is not required to include a copy of his Federal income tax return with his North 
Carolina return. If a taxpayer moved from North Carolina during the year, or if he was a nonresident 
for the entire year, he must include a copy of his complete Federal return with his North Carolina re- 
turn. 



5:21 NORTH CAROLINA REGISTER February 1, 1991 1277 



FINAL RULES 



Ilision Sote: Statutory Authority G.S. 105-152; 105-155; 105-251; 105-252; 105-262; 
Eff. Febnmrv 1, 1976: 
Amended Eff. February I. 1991: June 1, 1990; May 1, 19S4. 

.0107 EXTENSIONS 

(a) If an income tax return cannot be filed by the due date, an individual may apply for an automatic 
four-month extension of time to file the return. To receive the extension, an individual must file Form 
D-410A, Application for Automatic Extension of Time to File State Income Tax Returns, and pay the 
full amount of tax he expects to owe by the original due date of the return. In lieu of filing Form 
D-410A, an automatic four-month extension of time to file a North Carolina income tax return will 
be granted if an individual files Federal Form 4868. Application for Automatic Extension of Time, with 
the Internal Revenue Service, provided he submits a copy of the completed Form 4868 and full pay- 
ment of the tax by the original due date of the return. When filing a copy of the Form 4868 in heu 
of Form D-410A, an individual must clearly state that the form is for North Carolina; mark through 
the federal amounts shown on the form; enter the applicable amounts for North Carolina; and pay the 
tax due. 

(b) A ten percent late payment penalty will apply on the remaining balance due if the tax paid by the 
due date of the return is less than 90 percent of the total amount of tax due. If the 90 percent rule is 
met. any remaining balance due. including interest, must be paid with the income tax return before the 
expiration of the extension period to avoid the late payment penalty. 

(c) .An individual can apply for an additional extension beyond the automatic four-month extension 
by filing Form D-410, Application for Additional Extension of Time to FUe State Income Tax Returns, 
in duplicate. Extensions of time beyond the automatic four-month extension of time to file are granted 
only for ver>" good reasons. In heu of filing Form D-410, an additional extension of time will be 
granted if an individual files Federal Form 2688 with the Internal Re\enue Ser\ice and includes a copy 
of the approved Form 2688 with his North Carolina return. 

(d) A return may be filed at any time-within the extension period but it must be filed before the end 
of the extension period to avoid the late filing penalty. 

(e) This Rule applies to taxable years beginrung on or after January 1, 1990. 

Historx' Xote: Statutorv Authoritv G.S. 105-155; 105-157; 105-236(4); 105-160.6; 105-160.7; 
105-262; 105-263:' 
Eff Febmarv 1, 19^6: 
Amended Eff February I. 1991: June I, 1990: May 1. 19S4; June 1. 19S2. 

.01 1 1 .MINLMLM GROSS INCOME FILING REQUIREMENTS 

(a) The minimum gross income filing requirements for most people are shown in Chart A: 

CHART A - FOR MOST TAXPAYERS 

(1) Smgle $ 5,000 

Sinde (age 65 or over) 5,750 

(2) .Married ^Filing Jomt Return $ 9,000 

Married - Filing Joint Return. 

(one age 65 or over) 9,600 

Married - Filing Joint Return, 

(both aae 65 or over) 10,200 

(3) .Married^- Filing Separate Return $ 2,000 

(4) Head of Household $ 6,400 

Head of Household (age 65 or over) 7,150 

(5) Qualifying ^^'idow(er) with dependent child J 7,000 

Qualifying widow(er) (age 65 or over) 7,600 

(b) If an individual was not required to file a Federal income tax return but had gross income inside 
and outside of North Carolina that equals or exceeds the amounts in Chart A. a Federal return must 
be completed and attached to the North Carolina return to show how the negative Federal taxable in- 
come was determined. 

(c) The minimum gross income filing requirements for children and other dependents are shown in 
Chart B. The filing requirements in Chart B generally are applicable to those individuals who can be 
claimed as a dependent by another person (such as a parent). 



US 5:21 SORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



Note: EARNED INCOME is salaries, wages, tips, professional fees, and other amounts received as 
pay for work actually done. 

Note: UNEARNED INCOME is income other than earned income (salaries or wages). It is invest- 
ment-type income and includes interest, dividends, and capital gains. Distributions of interest, divi- 
dends, capital gains, and other unearned income from a trust are also unearned income to a beneficiary 
of the trust. 

CHART B - EOR CHILDREN AND OTHER DEPENDENTS 

(1) Single dependents neither bhnd nor 65 or older - You must file a return if: 

(A) Your unearned income was one doUar ($1.00) or more and the total of that income plus your 
earned income was more than five hundred dollars ($500.00). 

(B) Your unearned income was zero dollars ($0.00) and the total of that income plus your earned 
income was more than three thousand dollars ($3,000). 

(2) Single dependents 65 or older or blind - You must file a return if: 

(A) Your earned income was more than three thousand seven hundred fifty dollars ($3,750) (four 
thousand five hundred dollars ($4,500) if 65 or older and blind], or 

(B) Your unearned income was more than one thousand two hundred fifty dollars ($1,250) [two 
thousand doUars ($2,000) if 65 or older and blind], or 

(C) Your gross income was more than the total of your earned income (up to three thousand 
dollars ($3,000)] or five hundred dollars ($500.00), whichever is larger, plus seven hundred fifty 
dollars ($750.00) (one thousand five hundred dollars ($1,500) if 65 or older and blLnd(. 

(3) Married dependents neither bhnd nor 65 or older - You must file a return if: 

(A) Your earned income was more than two thousand five hundred dollars ($2,500), or 

(B) You had any unearned income and your gross income was more than five hundred dollars 
($500.00), or 

(C) Your gross income was at least five doUars ($5.00) and your spouse files a separate Federal 
income tax return on Form 1040 and itemizes deductions. 

(4) Married dependents 65 or older or blind - You must file a return if: 

(A) Your earned income was more than three thousand one hundred dollars ($3,100) (three 
thousand seven hundred dollars ($3,700) if 65 or older and blind], or 

(B) Your unearned income was more than one thousand one hundred doUars ($1,100) (one 
thousand seven hundred dollars ($1,700) if 65 or older and blind], or 

(C) Your gross income was more than the total of your earned income (up to two thousand five 
hundred doUars ($2,500)), or five hundred doUars ($500.00), whichever is larger, plus six hundred 
dollars ($600.00) [one thousand two hundred doUars ($1,200) if 65 or older and bhnd], or 

(D) Your gross income was at least five doUars ($5.00) and your spouse files a separate Federal 
income tax return on Form 1040 and itemizes deductions. 

History Note: Statutory Authority G.S. 105-134.2; 105-134.5; 105-I34.6(c); 105-152; 105-262; 
Eff. June I. 1990; 
Amended Eff. February 1 , 1991 . 

.0112 JOINT RETURNS 

(a) G.S. 105-152.1 requires that a husband and wife file a joint State return if: 

(1) They file a joint Federal income tax return, and 

(2) Both spouses are residents of North Carolina or both spouses had North Carolina taxable in- 
come. 

AU other individuals must file separate returns. 

(b) On joint returns, both spouses are jointly and severally Uable for the tax due. However, if a 
spouse has been reUeved of any habiUty for Federal income tax under the Internal Revenue Code as 
an "innocent spouse" attributable to a substantial understatement by the other spouse, the "innocent 
spouse" would not be liable for the State income tax attributable to such understatement by the other 
spouse. 

(c) If an individual and his spouse fde a joint return using different last names, they should separate 
the names with "and". For example, "John Brown and Mary Smith". 

(d) If an individual fUes a joint Federal return but files a separate North Carolina return, he must 
complete a separate Federal return and attach it to his North Carolina tax return to show how his 
Federal taxable income would be determined on a separate Federal return. In Ueu of completing a 



5:21 NORTH CAROLINA REGISTER February I, 1991 1279 



FINAL RULES 



separate I*"ederal return, an individual may submit a schedule showing the computation of the separate 
Federal taxable income provided a copy of the joint Federal income tax return is provided with the 
North Carolina return. 

History Note: Statutory Authority G.S. 105-152; 105-152.1; 105-262; 
Eff. June I, 1990; 
Amended Eff. February 1, 1991. 

.0117 TRANSITIONAL ADJUSTMENTS 

The following transitional adjustments are required because of differences in the way State and Federal 
law treated certain tax transactions prior to Januar>' 1, 1989. 

(1) Amounts that were included in the basis of property under Federal law but not under State law- 
prior to January 1, 1989, must be added to taxable income in the year of disposition of the prop- 
erty. These adjustments include the increase in basis for Federal gift tax paid on property received 
as a gift and in certain cases where the individual was permitted under Federal law to capitalize 
certain expenditures for interest and taxes. 

(2) Amounts that were included in the basis of property under State law but not under Federal law 
prior to Januar>' 1, 1989, must be deducted from an individual's taxable income in the year of 
disposition of the property. Deductions of this type include the increase in basis for State gift tax 
paid on property received as a gift and certain business expenditures that an indh'idual elected to 
expense under Section 179 of the Internal Revenue Code but which were required to be capitalized 
for State income tax purposes. 

(3) A loss or deduction that was incurred or paid and deducted in fuU for North Carolina income tax 
purposes under prior State law in a taxable year begirming before Januar>' 1, 1989. but was carried 
forward and deducted from Federal taxable income in a taxable year beginning on or after January 
1, 1989, must be added to taxable income. 

In determining the amount to add back, a capital loss from taxable years beginning prior to Jan- 
uary' 1, 1989, must be applied before applying a capital loss that was sustained in a taxable year 
beginning on or after January 1, 1989. 

EXAMPLE: The full amount of a capital loss incurred in 1988 would have been deductible on 
an individual's 1988 State income tax return but on his Federal income tax return the amount of 
the deductible loss would have been limited to his capital gains plus three thousand dollars ($3,000) 
[one thousand five hundred dollars ($1,500) if married and fding a separate return). Any remaining 
loss could be carried forward to subsequent tax years and deducted on his Federal income tax re- 
turn in computing his Federal taxable income. In this instance, the individual must add back each 
year that portion of the 1988 loss deducted from his Federal taxable income in arriving at the 
amount of his North Carolina taxable income. 

[.'Vn indi\idual had a six thousand five hundred dollar ($6,500) capital loss in 1988 which was 
Limited to three thousand dollars ($3,000) on his Federal income tax return but which was de- 
ducted in full on the State return. An additional net capital loss was also incurred in 1989. Since 
the individual's 1989 Federal taxable income would include a three thousand doUar ($3,000) loss 
carry-over the individual must add back three thousand dollars ($3,000) to Federal taxable income 
on the 1989 State return. The remaining five hundred dollars ($500.00) would be added back to 
the individual's Federal taxable income for 1990.) 

EXAMPLE: Prior State law required charitable contributions to be deducted in the year they 
were paid and did not permit any amount to be carried over to another tax year. Under Federal 
law, an indi\idual who may not be entitled to deduct the fuU amount of certain contributions be- 
cause of an adjusted gross income limitation may cany over the unused portion to the succeeding 
tax year. In this situation, the individual must add back to Federal taxable income the contrib- 
utions cany-over from 1988 if he itemized deductions on his Federal income tax return. 
EXAMPLE: Generally, for Federal income tax purposes for tax years beginning on or after Jan- 
uary 1, 1987, to the extent that the total deductions from passive activities exceed the total income 
from such activities for the tax year, the excess (passive activity loss) is not allowed as a deduction 
for that year. A disallowed passive loss is allowed to be carried forward as a deduction from pas- 
sive activity income in the next succeeding tax year. Generally, losses from passive activities may 
not be deducted from other types of income (e.g., wages, interest, or dividends). A passive activity 
is one that mvolves the conduct of any trade or business in which the taxpayer does not materially 
participate. Any rental activity is a passive activity regardless of whether the taxpayer materially 
participates. Special rules apply to rental acti\ ities. Under State law, a passi\'e loss carried forward 



12S0 5:21 NORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



from a tax year beginning prior to January 1, 1989, must be added back to Federal taxable income 
since the entire loss was deductible on the taxpayer's return for the year the loss was incurred. 

(4) Amounts deducted on an individual's Federal income tax return as net operating losses brought 
forward from tax years beginning prior to January 1, 1989, must be added to Federal taxable in- 
come. For tax years prior to January 1, 1989, State law allowed a net economic loss to be carried 
forward to subsequent years but was computed differently from the Federal net operating loss. 
Prior State law did not permit the loss to be carried back to prior tax years as did Federal law. 
EXAMPLE: An individual sustains a business loss of one hundred thousand dollars ($100,000) 
in 1988, had no other business income or business expenses for that year, and received interest 
income of eighty-two thousand dollars ($82,000) from City of Raleigh bonds during the taxable 
year. For Federal income tax purposes, the individual would have sustained a net operating loss 
of one hundred thousand dollars ($100,000). If the individual had no income in the prior three 
tax years to offset the net operating loss, he could carry the one hundred thousand dollar 
($100,000) loss forward for up to 15 years and deduct it as a net, operating loss on his subsequent 
Federal income tax returns. Under prior State law, the individual would have incurred a net eco- 
nomic loss of eighteen thousand doOars ($18,000) [business loss of one hundred thousand dollars 
($100,000) less nontaxable income of eighty-two thousand dollars ($82,000)] that could be carried 
forward up to five years after reducing it by both taxable and nontaxable income. In this situation, 
the individual must add back the net operating loss deduction to his Federal taxable income. 

(5) If an individual recovered all or any portion of his contributions to an annuity for State income 
tax purposes for taxable years beginning prior to January 1, 1989, but such amount was not re- 
covered for federal income tax purposes, he must include a ratable portion of the difference in the 
cost previously recovered for North Carolina purposes and the amount previously recovered for 
Federal purposes on the North Carolina return for each year beginning on or after January 1, 1989. 
EXAMPLE: Both the employee and the employer contributed to the cost of the employee's an- 
nuity and the employee wiU recover his contribution within three years from the armuity starting 
date. For tax years beginning prior to January 1, 1989, the employee was entitled under State law 
to recover his contributions to the annuity in fuU before being taxed on the benefits. The ratable 
portion to be added to Federal taxable income is determined as follows: 



Amount recovered Amount recovered 

on State return - on Federal return = Addition to 



Remaining Years Life Expectancy Taxable Income 

If the cost recovered for federal income tax purposes for taxable years beginning prior to January 
1, 1989, is greater than the cost recovered for State income tax purposes for years prior to 1989, the 
ratable portion to be deducted from federal taxable income is determined as follows: 

Amount recovered Amount recovered 

on Federal return - on State return = Deduction from 



Remaining Years Life Expectancy Taxable Income 

The amount of difference in the numerator of the fractions in this Subparagraph should reflect the 
cost recovered during the taxpayer's period of residence in North Carolina and exclude any cost 
recovered during residence in another state. In the denominator, the remaining years life expectancy 
to be entered is the fife expectancy determined for federal income tax purposes for the year the an- 
nuity started less the number of tax years the annuity was reportable for federal tax purposes prior 
to January 1, 1989. The amount of the transitional adjustment computed for the tax year 1989 
will remain the same for each year of the individual's remaining fife expectancy. 
This transitional adjustment will not apply to retirement annuities from any federal retirement 
program which were taxed unconstitutionally prior to January 1, 1989, and to annuities which were 
exempt under prior State law, including retirement annuities from the North Carolina Teachers' and 
State Employees' Retirement System and the North Carolina Local Governmental Employees' 
Retirement System. Also, this transitional adjustment will not apply to retirement annuities re- 
ceived by former teachers and state employees of other states which were fully exempt from North 
Carolina income tax prior to January 1, 1989, because the other state had no income tax law or 
practiced reciprocity with North Carolina with respect to taxing such benefits. 



5:21 NORTH CAROLINA REGISTER February I, 1991 1281 



FINAL RULES 



This transitional adjustment will apply to retirement annuities received by former teachers and state 
employees of other states which were not fully exempt because those states practiced no reciprocity 
or only partial reciprocity with North Carolina with respect to such benefits for taxable years be- 
ginning prior to January 1, 1989. The amount of cost recovered on the North Carolina return prior 
to January 1, 1989, to be used in the formula for computing the addition to federal taxable income 
is to be computed without considering any benefits which were excluded as the result of partial re- 
ciprocity. 

(6) Net economic losses sustained in the five taxable years preceding an individual's first taxable year 
beginning on or after January 1, 1989, may be carried forward and deducted from taxable income 
as under prior law. Under prior law, a net economic loss could be carried forward for up to five 
years. The law defines a net economic loss as the amount by which allowable deductions for the 
year other than personal exemptions, nonbusiness deductions and prior-year losses exceed income 
from all sources in the year, including any nontaxable income. 

(7) A Federal net operating loss for a taxable year beginning on or after January 1, 1989, carried back 
for Federal income tax purposes to a taxable year beginning before January 1, 1989, may be de- 
ducted from Federal taxable income in the taxable year following the taxable year in which the loss 
occurred. 

(8) Adjustments must also be made in the taxable income of a shareholder of an S corporation. (See 
17 NCAC 6B .4000) 

(9) When a parent elects to report his child's unearned income, the child is treated as having no gross 
income for the year and is not required to file a Federal income tax return. A parent electing to 
report a child's unearned income for Federal tax purposes must add back to his Federal taxable 
income the amount of the child's unearned income in excess of five hundred dollars ($500.00) but 
not exceeding one thousand dollars ($1,000). 

Other additions and deductions to Federal taxable income may be required to ensure that the transition 
to the new tax law does not result in the double taxation of income, the exemption of otherwise taxable 
income or double allowance of deductions. 

History Note: Statutory Authority G.S. 105-134.7; 105-262; 
Eff. June 1, 1990; 
Amended Eff. February 1 . 1991 . 

SECTION .0600 - TAX CREDITS 

.0610 CREDIT FOR THE DISABLED 

(a) A tax credit equal to one-third of the amount of the Federal tax credit allowed under the Internal 
Revenue Code is allowed to an individual who is permanently and totally disabled. Although the 
Federal tax credit is allowed for being 65 or older, no portion of the tax credit is allowed on the North 
Carolina return for being 65 or older. 

(b) A tax credit is also allowed to a taxpayer who is allowed an exemption under the Internal Revenue 
code for a totally and permanently disabled dependent or spouse. To claim the credit, a statement from 
a physician or local health department must be attached to the return certifying that the dependent was 
unable to engage in any substantial gainful activity by reason of a physical or mental impairment that 
can be expected to result in death or that has lasted or can be expected to last for a continuous period 
of not less than 12 months. The allowable credit is determined by completing the "Worksheet for 
Determining Tax Credit for Disabled Taxpayer, Dependent, and/or Spouse" in the income tax in- 
struction booklet. 

(c) A taxpayer who claims the tax credit for being permanently and totally disabled may also be eli- 
gible to claim the tax credit for a permanently and totally disabled dependent or spouse for whom the 
taxpayer claimed an exemption under the Internal Revenue Code. 

(d) A nonresident or part-year resident is allowed the tax credit for a disabled taxpayer and the tax 
credit for a disabled dependent or spouse in the proportion that the Federal taxable income (as ad- 
justed) is taxable to North Carohna. 

History Note: Statutory Auihoriiv G.S. 105-151.18; 105-262; 
Eff Febmary I. 1991. 

.061 1 CREDIT FOR TAX PAID ON CERTAIN GOVERNMENT RETIREMENT BENEFITS 



nS2 5:21 NORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



(a) A tax credit is allowed equal to the amount of unrefunded income tax paid for the tax year 1988 
on retirement benefits received from one or more state, local, or Federal goverrmient retirement plans. 
The credit is for the amount by which the income tax liability for 1988 would have been reduced if none 
of the government retirement benefits had been included in taxable income. 

(b) The tax credit must be taken in equal installments over the first three tax years beginning on or 
after January 1, 1990. An installment of the tax credit allowed in one taxable year may not be carried 
over to another taxable year. 

(c) The tax credit applies not only to tax paid to North Carolina on North Carolina and Federal 
government retirement benefits, including qualified deferred compensation plan benefits, but also ap- 
plies to the 1988 North Carolina tax paid on such benefits received from the retirement plans of other 
states and local governments of other states. The tax credit is not allowed with respect to retirement 
benefits from private retiremen or Individual Retirement Accounts (IRAs). 

History Note: Statutory Authority G.S. 105-151.20; 105-262; 
Eff. February I, 1991. 

SFXTION .3200 PENALTIES: INDIVIDL AL INCOME TAX 

.3203 PENALTIES FOR FAILURE TO FILE AND PAY 

(a) Under the provisions of G.S. 105-236 both the failure to file and failure to pay penalties, if due, 
can be applied for the same month. If a return is filed late without payment of the tax shown due, both 
the late filing and late payment penalties will be assessed at the same time as shown in the table in this 
Rule: 

Cause Penalty 

(1) Return filed by due date showing tax 
due of $1.00 or more— No tax paid by 

due date 10% failure to pay (minimum $5.00). 

(2) Return fded late showing tax due of 

$1.00 or more--No tax paid with return 5% per month failure to fde ($5.00 min. 

—25% max.) and 10% failure to pay— 

$5.00 min.). 

(3) Retum filed late showing tax due of 

$1.00 or more— Tax paid with retum 5% per month failure to fde ($5.00 min. 

--25% max.) and 10% failure to pay 

($5.00 min.). 

(4) Retum fded late showing no tax due or 
tax due of less than $1.00--Tax due after 

examination *5% per month failure to file ($5.00 min. 

-25% max.). 

(5) Retum filed by due date showing no tax 
due or tax due of less than $1.00--Tax due 

after examination *No penalty at time of examination. 

(6) Retum filed late showing tax due of 
$1.00 or more--Tax and failure to file 
penalty paid with return-- More tax due 

after examination ^Failure to fde penalty on additional 

tax on same basis as was assessed on 

original retum. 10% failure to pay on the 

tax shown due on the retum--($5.00 min.) 

(7) Retum fded by due date showing tax due of 
$1.00 or more— Tax paid with retum— More 

tax due after examination *No penalty at time of examination. 

(8) Retum filed late showing refund--Refund 

is made— Tax due after examination *5% per month failure to file ($5.00 min. 

—25% max.) on additional tax. 

(9) Retum filed late showing refund-- Refund 

is not made--Tax due after examination *5% per month failure to fde ($5.00 min. 

--25% max.) on additional tax. 

(10) Return fded by due date showing refund 



5:21 NORTH CAROLINA REGISTER February 1, 1991 1283 



FINAL RULES 



--Refund IS made-- 1 ax due alter examination *No penalty at time of examination. 

(11) /Vmended return filed showing tax due of 

$1.00 or more— no tax paid with return 10% failure to pay ($5.00 min.). 

( 12) Amended return fded showing tax due of 

$1.00 or more— part of tax paid with return 10% failure to pay on balance of tax due 

($5.00 min.). 

*A negligence or fraud penalty may also be assessed. 

(b) If the return is filed under an extension, the failure to file and failure to pay penalties wLU be as- 
sessed from the extended filing date rather than from the original due date. The failure to pay penalty 
is 10 percent of the tax not paid by ''le due date of the return. The penalty wiU apply on any remaining 
balance due if the tax paid by the due date of the return is less than 90 percent of the total amount of 
tax due. If the 90 percent rule is met, any remaining balance due, including interest, must be paid with 
the income tax return on or before the expiration of the extension period to avoid the late payment 
penalty. Interest is due from the original due date to the date paid. 

(c) Paragraph (b) of this Rule applies to taxable years beginning on or after January 1, 1990. 

History- Sole: Statutory Authority G.S. I05-I52(e); 105-155; 105-157; 105-160.6; 105-160.7; 
105-236; 105-263; 
Eff. April 1, 1978; 
Amended Eff. February 1. 1991; June I, 1990. 

SECTION .3400 - STATUTE OF LIMITATIONS AjND FEDERAL CHANGES 

.3402 LIMIT.ATIONS FOR ASSESSMENTS 

(a) An assessment for tax or additional tax due may be made within three years after the date a return 
is actually fded or within three years from the date required by law for filing the return, whichever is 
later. 

A tentative return from which material particulars are missing is not a return for the purpose of de- 
termining when the statute of limitations will run. ITie date the fmal return is fded is the determining 
date. 

Tliere is no statutory provisions prohibiting the making of an assessment for a given year after an as- 
sessment has already been made for that year. When new facts are revealed which are of sufficient 
importance to justify a second assessment, it will be made. A second assessment will be made in every 
case where notification of a federal change reveals an adjustment of a sufficient amount to justify an 
assessment. 

(b) If a return for any income year beginning on or after January 1, 1969 has not been filed by a 
taxpayer, any tax or additional tax due from the taxpayer for such year may be assessed at any time. 

(c) When fraud is involved, there is no statute of limitations for an assessment for tax or additional 
tax. This is the case regardless of whether or not a return has been filed by the individual. 

llistor]' Sote: Statutory Authority G.S. 105-24/. 1(e); 105-262; 
Eff February 1, 1976; 
Amended Eff. February 1, 1991. 

.3403 FEDERAL CHANGES 

(a) If the amount of net income reported or reportable by any taxpayer for any year is changed, 
corrected, or otherwise determined by the L'.S. Government, the taxpayer must make a return to the 
state showing that change or determination of net income within two years after receipt of the Internal 
Revenue Agent's Report. 

(b) If an mdi\idual makes a return reflecting the corrected or determined net income, an assessment 
may be made witliin three years from the date this return is actually filed. If the individual does not 
make the return to the state reflecting the federal changes or determination of net income within two 
years after receipt of the Internal Revenue Agent's Report, and a report is received from the U.S. Go- 
vernment reflecting the corrected net income, an assessment may be made within five years from the 
date of receipt by the Department of Revenue of the report from the U.S. Government. The individual 
forfeits his right to any refund which might be due by reason of the changes, provided the statute of 
limitations has otherwise expired. 

Even though an individual is allowed a two year period following receipt by him of the Internal Re- 
venue Agent's Report to report the federal changes, an assessment can be made by the department 



1284 5:21 NORTH CAROLLyA REGISTER February 1, 1991 



FINAL RULES 



immediately following receipt from any source of information concerning the correction, change in, or 
determination of the net income of the taxpayer by the U.S. Government. 

If no retum reflecting the changes made is received from the individual and no report is received from 
the United States Government, no statute of limitations apphes, and an assessment for income tax may 
be made at any time based on the information acquired. 

(c) When an Internal Revenue Agent's Report is received reflecting changes made in the net taxable 
income of an individual, the department may assess tax or additional tax based on applicable federal 
changes and may also make any other changes based on any facts or evidence discovered from any other 
source. This is the case regardless of whether or not a previous assessment has been made for the same 
taxable year. 

History Note: Statutory Authority G.S. 105-159; 105-163.16: 105-241. 1: 105-262; 
Eff. Febmary I. 1976; 
Amended Eff. February 1 , 1991 . 

SFXTION .3500 - PARTNERSHIPS 

.3513 NONRESIDENT PARIAERS 

(a) Wlien an established business in North Carolina is owned by a partnership having one or more 
nonresident members, the managing partner is responsible for reporting the distribution share of the 
income of each nonresident partner and is required to compute and pay the tax due for each nonresi- 
dent partner. The tax rate is six percent of the nonresident partner's share of income up to twelve 
thousand seven hundred fifty dollars ($12,750), plus seven percent of the income over twelve thousand 
seven hundred fifty dollars ($12,750). The manager is authoriz.ed by statute to withhold the tax due 
from each nonresident partner's share of the partnership net income. Payment of the tax on behall" of 
nonresident corporate partners does not relieve the corporation from filing corporate income tax and 
franchise tax returns; however, credit for the tax paid by the managing partner may be claimed on the 
corporate returns. Although a partnership may treat guaranteed payments to a partner for services or 
for use of capital as if they were paid to a person who is not a partner, such treatment is only for pur- 
poses of determining its gross income and deductible business expenses. For other tax purposes, such 
guaranteed payments arc treated as a partner's distributive share of ordinary income. In determining 
the allowable North Carolina deductions from Federal taxable income, do not include a partner's sal- 
ary, interest on a partner's capital account, partner relocation and mortgage interest differential pay- 
ments, or payments to a retired partner regardless of whether they were determined without regard to 
current profits. These types of payments are treated as part of the partner's share of the partnership 
income. A nonresident partner is not required to fde a North Carolina individual income tax retum 
when the only income from North Carolina sources is the nonresident's share of income from a part- 
nership doing business in North Carolina and the manager of the partnership has reported the income 
of the nonresident partners and paid the tax due. A nonresident partner may file an individual income 
tax retum and claim credit for the tax paid by the manager of the partnership if the payment is properly 
identified on the individual income tax retum. 

(b) If a partnership has one or more nonresident partners and is operating in one or more states other 
than North Carolina, the partnership's net income attributable to North Carolina for the purpose of 
determining the North Carolina income tax liability of a nonresident partner must be determined by 
multiplying the total net income of the partnership by the apportionment percentage computed in 
Schedule B of Form D-403. This means that in the allocation of net income of a nonresident partner 
to North Carolina the applicable aDocation formula prescribed for corporations is used. 1 his allocation 
of income does not affect the reporting of partnersliip income by the resident partner because he is 
taxable on his share of the net income of the partnership whether or not any portion of it is attributable 
to another state or country. 

History Note: Statutoty Authority G.S. I05-134.5(d); 105-154; 105-262; 
Eff February I. 1976; 
Amended Eff. February 1, 1991; December I, 1990; June I, 1990; April 12, 1981. 

SECTION .3800 - MISCELLANEOUS RULES 

.3804 MISCELLANEOUS RULES 



5:21 NORTH CAROLINA REGISTER February I, 1 99 1 I2S5 



FINAL RULES 



(a) When a payment is received by the Department of Revenue for less than the correct tax, penalty, 
and interest due under the law and the facts, and the payment includes the statement, "paid in full" or 
other similar statements, the payment will be deposited as required by G.S. 144-77. The endorsement 
and deposit of the payment with such statement will not make the statement binding on the Depart- 
ment of Revenue and will not prevent the collection of the correct balance due. 

(b) The Department of Revenue is authorized by law to photograph, photocopy, or microphotocopy 
all records of the Department, including tax retums, and such copies, when certified by the Department 
as true and correct copies, shall be admissable in evidence as the original would have been. (G.S. 8- 
45.3) 

(c) In some cases debts owed to certain State and county agencies will be collected from an individ- 
ual s income tax refund. If the agency files a claim with the Department for a debt of at least fifty 
dollars ($50.00) and the refund is at least fifty dollars ($50.00), the debt will be set off and paid from 
the refund. The Department will notify the debtor after the set-off has been fmalized and will refund 
any balance which may be due. The debtor will be notified and given an opportunity to contest the 
debt to the agency making the claim before the set-off is completed. 

(d) An individual may elect to contribute all or any portion of his income tax refund, at least one 
dollar ($1.00) or more, to the North Carolina Nongame and Endangered Wildlife Fund. Once the 
election is made to contribute, the election cannot be revoked after the return has been filed. The 
contribution wiU be used to assist in the management and protection of North Carolina's many non- 
game species, including endangered wildlife. The Nongame and Endangered Wildlife Fund will be the 
primary" source of money to support much needed research, public education, and management pro- 
grams designated specifically to benefit nongame wildlife. 

(e) When an individual checks "Yes" to the question, "Do you want $1.00 to go to this fund (North 
Carolina Pohtical Parties Financing Fund)?" on his tax return, the total funds designated wiU be dis- 
tributed to political parties in North Carolina on a pro rata basis according to voter registrations. 
Checking "Yes" wiU neither increase his tax nor reduce his refund. 

(f) Tenancy by the Entirety; WTien fding separate returns a determination must be made as to that 
portion of the income or loss from real property that must be reported by each spouse. Under G.S. 
39-13.6, a husband and wife have equal right to the control, use, possession, rents, income, and profit 
from real property held as tenants by the entirety and each spouse is taxed on one-half of the income 
or loss from such property located in North Carolina. When real property conveyed jointly in the 
name of husband and wife is located in another state and the share of ownership of each is not fixed 
in the deed or other instrument creating the co-tenancy, each spouse is considered as having received 
one-half of the income or loss from the real property unless they can demonstrate that the laws of that 
particular state with respect to the right to the income from the property allocate the income or losses 
in a different manner. 

(g) Cancelled checks, receipts, or other evidence to substantiate deductions on the tax return should 
be kept for a period of at least three years from the due date of the return or three years from the date 
the return is filed, whichever is later. Lack of adequate records could result in the disallowance of all 
or part of the deductions claimed. A cancelled check, money order stub, or Departmental receipt 
showing payment of tax should be kept for at least five years from the due date of the tax return. 

(h) .An individual may elect to contribute all or any portion of his income tax refund (at least one 
dollar ($1.00) or more) to the North Carolina Candidates Financing Fund. Once the election is made 
to contribute, the election cannot be revoked after the return has been filed. The Candidates Financing 
Fund was created to induce candidates for governor and council of state offices to limit their campaign 
spending, and contnbutions made from refunds wiQ be placed in the Fund. 

(i) In determining North Carolina ta.xable income, G.S. 105- 134.6(b) allows an individual to deduct 
from his federal taxable income interest received from obligations of the United States of its possessions, 
the State of North Carolina or its political subdivisions, and nonprofit educational institutions located 
in North Carolina, to the extent the interest is included in his federal gross income. Under this statute, 
an individual is allowed to deduct the total of such interest included in his federal gross income even 
though certain expenses incurred in earning the interest are allowed as deductions on his federal income 
tax return. 

G.S. 105- 134.6(c) requires an indi\'idual to add interest received from obligations of states other than 
North Carohna and their pohtical subdivisions to federal taxable income in calculating his North Ca- 
rohna taxable income, to the extent the interest is not included in his federal gross income. Under this 
statute, an individual is required to add the total of such interest to federal taxable income even though 
he may have incurred expenses in earning the interest. 



12S6 5:21 NORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



Similar adjustments may be required by a partner or beneficiar>'. Although the interest passed to a 
partner in a partnership or to a bcneficiar>' of an estate or trust retains its same character as when re- 
ceived by the partnership or the estate or trust, the expenses incurred in earning such income are de- 
ductible by the partnership or the estate or trust, and the net interest income after deducting the 
expenses is reflected in the partner's or benericiar>'''s pro rata share of the net income of the partnership 
or fiduciary. Therefore, in the case of interest income subject to federal income tax, the partner's or 
benefician''s federal gross income reflects the net interest income after allowing the expenses incurred 
in earning the income. Interest income not subject to federal income tax is not reflected in the partner's 
or beneficiary's federal taxable income. This being the case, a partner or beneficiary must adjust his 
federal taxable income in determining his North Carolina taxable income as required by G.S. 
105- 134.6(b) and G.S. 105- 134.6(c), as an addition or deduction for the net amount of interest from the 
above sources attributable to a partnership or an estate or trust. 

History Xote: Statutory Authority G.S. I05-I34.6(b): I05-I34.6(c): 105-262; 
Eff. June I. 1990: ' 
Amended Eff. February 1 , 1991 . 

SECTION .3900 - NONRESIDENTS AND P.\RT-YEAR RESIDENTS 

.3904 TAXABLE INCOME OF NONRESIDENTS AND PART- YEAR RESIDENTS 

(a) Nonresidents and part-year residents are required to prorate their Federal taxable income to de- 
termine the portion that is subject to North Carolina tax. 

(b) The taxable income of a nonresident subject to North Carolina income tax is determined by 
multiplying the Federal taxable income, less any applicable adjustments, by the percentage obtained 
when dividing the portion of total Federal income, as adjusted, derived from North Carolina sources 
by the total income from the applicable line of the Federal return, as adjusted. 

(c) For part-year residents who are subject to North Carolina tax, taxable income is determined by 
multiplying the total Federal income as calculated under the Internal Revenue Code, less any applicable 
adjustments, by the percentage obtained when dividing the portion of total Federal income received 
from all sources during the period the individual was a resident of North Carolina, plus any income 
received from North Carolina sources while a nonresident, as adjusted, by the total Federal income, 
as adjusted. 

(d) If an individual files a joint Federal income tax retum with his spouse but cannot qualify to fde 
a joint North Carolina income tax retum because his spouse is a nonresident and had no North Ca- 
rolina taxable income, he must calculate his Federal taxable income on a Federal income tax form as 
a married person fding a separate Federal income tax retum and attach it to his North Carolina retum 
to show how his separate Federal taxable income was determined. The individual fding the separate 
Federal return should report onh" his income, exemptions, and deductions. In lieu of making the cal- 
culation on a federal form, an individual may submit a schedule showing the computation of his sepa- 
rate federal taxable income provided he submits a copy of his federal joint income retum with his North 
Carolina retum. 

(e) If an individual has income from sources within another state or country while a resident of North 
Carolina and the other state or countr>- ta.xes the individual on such income, he may be eligible to claim 
a tax credit on the North Carolina income tax retum. 

(f) A nonresident is not entitled to the tax credits for tax paid another state or country or for child 
and dependent care expenses. 

History Xote: Statutory Authority G.S. IOS-134.5: 105-262: 
Eff. June I. 1990: 
Amended Eff. February 1 , 1991. 

SECTION .4000 - S CORPOR.ATION 

.4006 DISTRIBUTIONS 

(a) A resident shareholder must take into account distributions from an S corporation in computing 
North Carolina taxable income to the extent the distributions are characterized as dividends or as gains 
pursuant to Section 1368 of the Intemal Revenue Code. Section 1368 of the Code provides that if the 
S corporation has no accumulated earnings and profits, the amount distributed to a shareholder reduces 



5:21 NORTH CAROLINA REGISTER February I, 1 99 1 1287 



FINAL RULES 



the adjusted basis in his stock. If the S corporation has earnings and profits, the distribution is applied 
in the following order: 

(1) To the Accumulated Adjustments Account (AAA), which basically includes the income during 
the period the corporation has been an S corporation reduced by its losses and distributions 
during that period. The AAA for State income tax purposes does not include the Federal AAA 
for tax years beginning prior to January 1, 1989. The shareholder does not take into account 
distributions from the AAA in determining taxable income but such distributions reduce the 
adjusted basis of his stock. 

(2) To Earnings and Profits (E and P): An S corporation is not considered to have earnings and 
profits for State tax purposes for years in which it operates as an S corporation after Januar>' 1, 
1989. The E and P account basically includes the earnings and profits on hand from the period 
the corporation was a C corporation; and for State tax purposes, the E and P account also in- 
cludes the undistributed earnings and profits of the S corporation from tax years begirming be- 
fore January 1, 1989, (the Eederal AAA that existed on the day North Carolina began to 
measure the S corporation shareholder's income by reference to the income of the S corpo- 
ration). The amount distributed to the shareholder from the E and P account is taxed to the 
shareholder as a dividend. Since the State E and P account includes the Federal AAA that ex- 
isted prior to the change in State law taxing the S corporation income to the shareholders, a 
transitional adjustment must be made to increase State taxable income for any distributions from 
the Federal ,AAA that existed prior to the law change. 

(3) To the basis of the shareholder's stock: .Any excess over the shareholder's basis is taxed as a 
capital gain. 

(b) If an S corporation has accumulated earnings and profits, the shareholders may make an election 
for Eederal tax purposes to treat distributions from the S corporation as being paid first from earnings 
and profits provided all shareholders consent to the election in the year of the distribution. There is 
no provision in North Carolina law to allow the shareholders to make a different election than the one 
made for Federal tax purposes. 

(c) Shareholders in S Corporations who received distributions during the corporation's 1988 fiscal 
year or before October 1, 1989, may amend their 1989 individual income tax return and claim the six 
percent dividend tax credit without regard to the three hundred dollar ($300.00) limitation otherwise 
applicable to the dividend tax credit. No additional tax credit is allowed for dividends distributed on 
or after October 1, 1989, from an S Corporation during its 1989 taxable year if the taxpayer's total di- 
vidend credit, other%vise allowable for the taxable year, exceeds the maximum credit of three hundred 
dollars ($300.00). This provision is effective retroactively for taxable years beginning on or after Jan- 
uar>- 1, 1989. 

Histoty Xote: Statutory Authoritv G.S. I05-I3I.6: 105-151.19; 105-262; 
S.L. 19S9 (Regular Session 1990), c. 9S4. s.3; 
Eff. June I. 1990: 
Amended Eff. February 1, 1991. 

.4008 LOSSES 

(a) The amount of loss a shareholder may deduct is limited to the adjusted basis of the shareholder's 
stock, plus the adjusted basis of any loans owed to the shareholder by the corporation. The amount 
of the loss for the taxable period is figured before the shareholder's basis in the stock is adjusted for any 
distributions during the tax year. If the amount of the loss of a shareholder is limited because it exceeds 
the adjusted basis, the excess is treated as incurred by the corporation in the next tax year. 

(b) An S Corporation is allowed to earn," forward and deduct a net economic loss sustained in a 
taxable year beginning before Januar.' 1, 1989, to any taxable year beginning on or after Januan" 1, 
1989, and before July 1, 1991, to one-half the extent the S Corporation would have been allowed to 
carr>" forward the loss if the S Corporation Income Tax Act had not become effective until taxable years 
beginning on or after July 1, 1991. A loss carr\forward deduction in each year may not exceed one-half 
of the S Corporation's net income as adjusted. Each shareholder is allowed to deduct his pro rata share 
of the S Corporation's net economic loss carryforward as a transitional adjustment in arriving at his 
North Carolina taxable income. The shareholder's basis in the S Corporation stock and the accumu- 
lated adjustments account maintained for the shareholder are required to be reduced for the amount 
of the deduction. This pro\ision is effective retroactively for taxable years beginning on or after January 
1, 1989, and shall expire for taxable years beginning on or after July 1, 1991. 



12S8 5:21 NORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



History Note: Statutory Authority G.S. I05-I3I.3; 105-131.4; 105-262: 
Eff. February I, 1991. 

SUBCHAPTER 6C - WITHHOLDING 

SECTION .0200 FILESG WITHHOLDING REPORTS 

.0202 QUARTERLY AND MONTHLY 

Withheld taxes are paid quarterly, monthly, or within three banking days. Employers who withhold 
an average of less than five hundred dollars ($500.00) from wages each month must file a return and 
pay the withheld taxes on a quarterly basis. Employers who withhold an average of at least five hun- 
dred dollars ($500.00) but less than two thousand dollars ($2,000.00) from wages each month must file 
a return and pay the withheld taxes on a monthly basis. Employers who withhold an average of at least 
two thousand dollars ($2,000.00) from wages each month must file a return and pay the withheld taxes 
at the same times they are required to fde returns and pay the tax withheld on the same wages for 
Federal income tax purposes. 

EXCEPTION; For Federal tax purposes, if an employer withholds one hundred thousand dollars 
($100,000.00) or more, the deposit is required on the next banking day. North Carolina law does not 
adopt this provision of Federal law, and the State income tax withholding on the same wages is due 
on or before the third banking day after the end of that eighth-monthly period. 

Historv Note: Statutory Authority G.S. 105-163.6; 105-163.18; 105-262: 
Eff. February 1, 1976; 
Amended Eff February 1, 1991; February 1, 198S; Febmary 21, 1979. 

.0203 ANTsUAL REPORTS 

(a) At the end of each calendar year employers are required to furnish wage and tax statements. Form 
NC-2, to employees. Two copies must be furnished to the employee and one copy must be furnished 
to the Department. The Internal Revenue Service suppUes a six part Form W-2 which will produce 
the required federal and North Carolina statements in one packet. 

(b) The copies of the wage and tax statements for the Department of Revenue must be filed with the 
Aimual Reconciliation of North Carolina Income Tax Withheld, Form NC-3, NC-3IVI, or NC-3A. 

(c) Reports of payments of income, interest, rents, premiums, dividends, annuities, remunerations, 
emoluments, fees, gains, profits, taxable meal reimbursements, and other determinable annual or peri- 
odic gains during a calendar year must be made on Information at the Source Reports, Form NC-1099, 
if the payments have not otherwise been reported. 

History Note: Statutory Authority G.S. 105-154; 105-163.7; 105-163. IS; 105-262; 
Eff February 1, 1976; 
Amended Eff Febnmiy 1, 1991; June I. 1990; April 12, 1981. 

.0204 AMOUN,TS \MTHHELD ARE HELD LS TRUST FOR/SECRETARY OF REVENUE 

(a) A penalty of 25 percent of the amount due is imposed for failure to withhold, to file a report on 
time, or to pay the tax when due. 

(b) An employer who fails to withhold or pay the amount required to be withheld is personally and 
individually liable for the tax. If an employer has failed to withhold or to pay over income tax withheld 
or required to have been withheld, the unpaid tax may be asserted against the responsible corporate 
officers or other responsible person whenever such taxes cannot be immediately collected from the 
employer. More than one person may be hable as a person responsible for the payment of withholding 
taxes; however, the amount of the income tax withheld or required to have been withheld will be col- 
lected only once, whether from the employer or one or more responsible persons. The term "respon- 
sible person" includes any person who is in a position to control the fmances of the employer or has 
the authority or ability to determine which obligations should or should not be paid. Responsibility 
is a matter of status, duty, and authority, not knowledge. It is not necessary that the failure to collect 
and pay the withholding amounts was willful; it is only necessar\' that the responsible person failed to 
pay the tax withheld or required to have been withheld to the Secretary of Revenue regardless of his 
reasons or the knowledge he had of such failure. 

(c) Wlien the Department of Revenue determines that coUection of the tax is in jeopardy, an em- 
ployer may be required to report and pay the tax at any time after payment of the wages. 



5:21 NORTH CAROLINA REGISTER February 1, 1991 I2S9 



FINAL RULES 



Hision' Xote: Siatuion Authority G.S. I05-I63.8; 105-163.17; 105-163.18; 105-241.1 (g); 105-262; 
Eff. June 1. 1990; 
.Amended Eff. February 1, 1991. 

TITLE 19A 
DEPARTMENT OF TRANSPORTATION 

CHAPTER 3 - DIMSION OF MOTOR VEHICLES 

SUBCHAPTER 3J - RULES AND REGULATIONS GOVERNING THE LICENSESG OF 
COMMERCIAL TRUCK DRFV ER TRAESESG SCHOOLS AND ESSTRUCTIONS 

SECTION .0100 - COMMERCIAL TRUCK DRH ER TRAESTsG SCHOOLS 

.0102 DEEESITIONS 

For the purpose of this Rule, the following definitions shall apply: 

(1) "Actively Enrolled" means any student who is neither a graduate nor has failed to complete his 
or her course. 

(2) "Base Period" means a six-month period from January 1 through June 30 or from July 1 through 
December 31. 

(3) "Commercial Truck Driver Training School" means any enterprise conducted by an individual, 
association, partnership, or corporation for the education and training of persons, either in class 
or behind the wheel, or both, to operate or drive a truck-tractor-trailer combination unit, and 
charging a consideration or tuition for such ser\ices. 

(4j "Constructive Notice" means a student's notice of intention to withdraw from a course by failing 
to attend residence instructional facilities for a period of three consecutive days on which that class 
meets. 

(5) "Cooling off Period" means five days from the time the student is given or mailed a signed copy 
of his completed contract. 

(6) ''Enrollment contract" means any agreement or instrument, however named, which creates or 
evidences an obligation binding a student to purchase a course from a school. 

(7) ''Fail to Complete" means any student who does not fuUy complete the required 160 hours of 
the lessons or classes required by the Division as constituting the full course of study and who 
cancels by any of the methods prescribed, shall be deemed to have "failed to complete" his or her 
course. 

(8) "Field Training" means off-road training in and around the truck. Refer to Rule .0306(2)(b), 
(c), (e), and (i) of Section .0300. 

(9) "Foreign Commercial Truck Driver Training School" means an enterprise located outside North 
Carolina which solicits, advertises, or offers truck driver training to residents of North Carolina. 

(10) "General Job or Earnings Claim" means any express claim or representation concerning the 
general conditions or employment demand in any employment market now or at any time in the 
future or the amount of salary or earnings generally available to persons employed in any occu- 
pation. 

(11) "Graduate" means any student who fuUy completes the required 160 hours of the lessons or 
classes required by the Division and discharges any other requirements or obligations established 
by the school as prerequisites for completing the fuU course of study. 

(12) "Job or Earnings Claim" means any general or specific job or earnings claim. 

(13) "Media Ad\'ertisement" means any advertisement disseminated to the public by means of print 
or broadcast media, including newspapers, magazines, radio, television, posters, or any other me- 
ans. It does not include promotional materials that are available from a school or distributed by 
its sales representati\es. 

(14) "Most Recent Base Period" means the latest base period. 

(15) "New Course" means any course which has a substantially different course content and occu- 
pational objective from any course previously offered by the school and which has been offered for 
a period of time less than six months. 

(16) "Prospective Student" means any person who seeks to enroll in a course. 



1290 5:21 SORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



( 1 7) "Recruiter/Salesman" means any person who is employed by a commercial truck driver training 
school, directly or indirectly, to recruit students for a school. This defmition includes persons who 
are employed by another person who is a direct employee or broker for a school. 

(18) "Seminar" means a course of 40 hours or less offering educational materials and classroom in- 
struction only in order to prepare a student for an examination given by the State for a driver's 
license. 

(19) "Specific Job or Earnings Claim" means any express claim or representation concerning the 
employment opportunities available to students or the demand for students who purchase the 
school's course, or the amount of salar\' or earnings available to students who purchase the 
school's course. 

(20) "Student" means any person who has signed an enrollment contract with a school and not 
cancelled that contract before the cooling-off-period, specified in this Rule, has ended. 

(21) "Total Contract Price" means the total price for the enrollment contract, including charges for 
registration, ancillary services, and any fmance charges. 

History Note: Statutory Authority G.S. 20-320 through 20-328; 
Eff. May 1, 1987; 
Amended Eff. February 1 , 1991. 

SECTION .0200 - REQUIREMENTS AND APPLICATIONS FOR COMMERCIAL TRUCK 

DRFV ER TRAINING SCHOOLS 

.0201 REQUIREMENTS 

The Division shall not issue a commercial truck driver training school license to any individual, part- 
nership, group, association, or corporation unless: 

(1) the individual, partnership, group, association, or corporation has at least one motor vehicle reg- 
istered or leased in the name of the school, which vehicle has been inspected by a representative 
of the Division and vehicle insurance certified as required by these Regulations for use by the 
school for driver training purposes and driver instruction. 

(2) The individual, partnership, group, association, or corporation has at least one person licensed 
by the Division as a commercial truck driver training instructor for that school. 

(3) Each manager or owner-operator of a commercial truck driver training school or branch shall: 

(a) be of good moral character; 

(b) be at least 18 years of age; 

(c) not have been convicted of a felony or convicted of a rhisdemeanor involving moral turpitude 
in the 10 years immediately preceding the date of application; and 

(d) not have had a revocation or suspension of his operator's or chauffeur's license in the two years 
immediately preceding the date of application. 

(4) In the case of a foreign commercial truck driver training school, recruiting in North Carolina, the 
following items are necessar)': 

(a) a copy of the school's license; 

(b) a course description, including topics taught and the length of the course; 

(c) a list of equipment available for training; 

(d) a copy of the contract complete with the fee charged; 

(e) the names of the persons who represent the school in North CaroUna; and 

(f) a surety bond in the amount of thirty thousand dollars ($30,000) for schools offering courses of 
instruction of 160 hours or more whether in-state or foreign and ten thousand doUars ($10,000) 
for schools offering seminar training only. 

Provided, Subparagraph (1) and (4)(c) of tliis Rule shall not apply to schools offering seminar training 
only. 

History Note: Statutory Authority G.S. 20-320 through 20-328; 
Eff May I, 1987; 
Amended Eff. February f 1991. 

.0204 DUPLICATE COPIES 

All applications, either original or renewal, for a commercial truck driver training school or branch 
shall be completed in duplicate. The original copy of each form shall be submitted to the Enforcement 



5:21 NORTH CAROLINA REGISTER February 1, 1991 1291 



FINAL RULES 



Section of the Division of Motor Vehicles at the following address: 1100 New Bern Avenue, Raleigh, 
North Carolina 27697-0001. A copy of each form shaO be filed at the place of business. 

History Mote: Statutory Authority G.S. 20-320 through 20-328; 
Eff. May I, 1987; 
Amended Eff. February I, 1991. 

SECTION .0300 - SCHOOL LOCATION: PHYSICAL FACILITIES: AND COURSES OF 

INSTRUCTION 

.0303 CLASSROOM FACILITY 

The classroom facility shall meet the following minimum requirements: 

( 1 ) A minimum overall size of not less than 120 square feet (which includes at least 70 square feet for 
the instructor and his equipment and at least 12 square feet for each student). 

(2) Lighting, heating, and ventilation systems that are in compliance with all state and local laws and 
ordinances including, but not limited to, zoning, pubhc health, safety, and sanitation. 

(3) Seats and writing surfaces for all students; blackboards visible from all seats; charts, diagrams, 
mock-ups, and pictures relating to the operation of motor vehicles, traffic laws, physical forces, and 
correct driving procedures; a copy of the Driver's Handbook published by the Division for each 
student; and other textbooks deemed necessary by the instructor. 

(4) Restroom facilities sufficient for the class size must be provided. 

(5) Covered shelter must be provided for students when on the field range to protect them from the 
weather when not driving. 

(6) Seminar only courses must provide seats and writing surfaces for all students and printed in- 
structional materials deemed necessary by the instructor. Seminars may be conducted at any lo- 
cation meeting the requirements in this Paragraph provided prior notice is given to and approval 
is given by the Enforcement Section. 

History Xote: Statutory Authority G.S. 20-320 through 20-328; 
Eff. May I, 1987; ' 
Amended Eff. Febniaty 1 , 1991 . 

.0308 REPORTS TO BE SUBMITTED 

(a) Ever\' commercial truck driver training school offering a fuU program shall submit to the Division 
the following reports: 

(1) A schedule of classes for each Ucensing period. 

(2) A class roster as of the first day of class, which roster shall include the name, address, telephone 
number, and driver's License number of each student. 

(3) A copy of each student's contract{s). 

(4) A hst of salesmen/recruiters working for the school (directly or indirectly) at the beginning of the 
licensing period, with additions or deletions to be fded within 30 days of such change. 

(5) All other reports as required by Article 14, Chapter 20 of the General Statutes. 

(b) Every commercial truck driver training school offering seminars only shall submit and obtain 
approval of a course plan at least 30 days prior to the class. It shall also submit items in Subparagraphs 
(a)(1) and (a)(5) of this Rule. 

History Note: Statutory Authority G.S. 20-320 through 20-328; 
Eff May I. 1987; 
Amended Eff. February I, 1991. 

SECTION .0600 - CONTRACTS 

.0601 REQUIREMENTS 

Commercial truck driver training school contracts are_ required if course of instruction contracted for 
is 160 hours or longer and shall contain, but are not Limited to, the following information: 

(1) The agreed total contract charges and full terms of payment thereof 

(2) The number, nature, time, and extent of lessons contracted for, including: 
(a) minimum hours of instruction: 

(i) classroom instruction, including testing 50 hours 



1292 5:21 NORTH CAROLINA REGISTER February 1, 1991 



FINAL RULES 



(ii) field instruction 50 hours 

(iii) highway behind-the-wheel training 20 hours 

(iv) observation (highway behind-the-wheel) 40 hours 

total 160 hours 

The hours of instruction may be expressed in credit hours provided the school is accredited by an ac- 
crediting agency recognized by the United States Department of Education and the conversion ratio 
of that accrediting agency is properly used. 

(b) rate for use of school vehicle for a driver's license road test, if an extra charge is made. 

(3) A statement which reads substantially as follows: "This agreement constitutes the entire contract 
between the school and the student, and any verbal assurances or promises not contained herein 
shall bind neither the school nor the student." 

(4) A statement which reads as follows: "This school is licensed by the State of North Carolina, Di- 
vision of Motor Vehicles." 

(5) A statement which reads as foUows: "If you, as a student, are unable to settle a dispute with the 
school, please direct your grievances to the North Carolina Division of Motor Vehicles, Enforce- 
ment Section, 1100 New Bern Avenue, Raleigh, North Carolina 27697-0001." 

History Note: Statutory Authority G.S. 20-320 through 20-328; 
Eff. May I, 1987; 
Amended Eff. February I, 1991; May I, 1990. 

SECTION .0700 - BONDING AND ADVERTISING 

.0701 BONDS 

Prior to license approval, a school shall file with the Division a continuous "cash" or "surety" bond 
written by a company licensed to do business in North Carolina to indemnify any student against loss 
or damage arising out of the school's breach of contract between the school and the student. This bond 
shall be in an amount as set forth in Rule .0201(f) of these Regulations. 



History Note: Statutory Authority G.S. 20-320 through 20-328; 
Eff May I, 1987; 
Amended Eff. February 1 , 1991 . 



5:21 NORTH CAROLINA REGISTER February I, 1991 1293 



ARRC OBJECTIONS 



1 he Administrative Rules Review Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
l43B-30.2(d). 



ECONOMIC AND COMMUNITY DEVELOPMENT 

Hazardous Waste Management Commission 

4 h'CAC IS .0309 - Final Site 

EN^ IRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 

/5A NCAC I6A .0804 - Financial Eligibility 

ISA ^CAC I6A .0806 - Billing the HIV Health Services Program 

Coastal Management 

ISA NCAC 7 J .0409 - Civil Penalties 
ISA XCAC 7 J .1109 - Permit Fee 

Environmental Health 

ISA NCAC I8C .0102 - Definitions 

ISA NCAC I8C .IS32 - Variances and Exemptions 

ISA NCAC ISC .IS34 - Max Contaminant Le\'els for Coliform Bacteria 

ISA NCAC ISC .2001 - General Requirements 

ISA NCAC ISC .2002 - Disinfection 

ISA NCAC ISC .2003 - Filtration 

ISA NCAC ISC .2004 - Analytical and Monitoring Requirements 

ISA NCAC ISC .200S - Criteria for Avoiding Filtration 

Environmental Management 

ISA NCAC 2N .0703 - Initial Abatement .Measures and Site Check 
ISA NCAC 2N .0W4 - Initial Site Characterization 

Marine Fisheries 

ISA NCAC 3C .0311 - Cancellation 

Agency Revised Rule 
ISA NCAC 30 .0203 - Shellfish Lease .Application Processing 

Agency Rexised Rule 

Wildlife Resources Commission 

ISA NCAC I OH .0302 - Minimum Standards 
Agency Re\ised Rule 



ARRC Objection IIISj9I 



ARRC Objection III8J9I 
ARRC Objection IiI8j9I 



ARRC Objection 1118191 
ARRC Objection I j 18,91 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



10/18190 
I0!l8i90 
I0iISi90 
10/ 18/90 
10/18/90 
I0/I8I90 
10! IS, 90 
I0/I8i90 



ARRC Objection 11/1490 
ARRC Objection IIjMi 90 



ARRC Objection 9/20/90 
Obj. Removed 10/ IS/90 
ARRC Objection 8/ 16/ 90 
Obj. Removed 9/20/90 



ARRC Objection 9120/90 
Obj. Removed 10/18/90 



1294 



5:21 NORTH CAROLINA REGISTER February I, 1991 



ARRC OBJECTIONS 



ARRC Objection I// 14/90 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



III8I91 

III8I9I 

111819/ 

III8I9I 

I II 14190 

I II 14190 



ARRC Objection 1 2120190 



HUMAN RESOURCES 

Facility Services 

10 NCAC 3V .0303 - Insurance Required 

Individual and Family Support 

10 NCAC 42B .1201 - Personnel Requirements 

10 NCAC 42C .2001 - Qualifications of Administrator 

10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge 

10 NCAC 42C .2006 - Qualifications of Activities Coordinator 

10 NCAC42C .3301 - Existing Building 

10 NCAC 42D .1401 - Qualifications of Administrator I Co- Administrator 

INSURANCE 

Life: Accident and Health Division 

// NCAC 12 .0904 - Requirements for Utilization Review 

LICENSING BOARDS AND COMMISSIONS 

Medical Examiners 

21 NCAC 32M .0007 - Termination ofNP Approval 

Nursing, Board of 

21 NCAC 36 .0217 - Re\ocation, Suspension, or Denial of License 
21 NCAC 36 .0504 - Certificate of Registration 
21 NCAC 36 .0505 - General and Administrative Provisions 
21 NCAC 36 .0507 - Fees 

Physical Therapy 

21 NCAC 4SC .0102 - Responsibilities 

Agency Returned Rule Unchanged 
21 NCAC 48C .0501 - Exemption for Students 

Agency Returned Rule Unchanged 

Plumbing and Heating Contractors 

21 NCAC 50 .1203 - Disposition of Petitions 
21 NCAC 50 .1207 - Request to Participate 



ARRC Objection 11114190 



ARRC Objection I2I20I90 
ARRC Objection Ill8i9l 
ARRC Objection 1 1 18191 
ARRC Objection 1118191 



ARRC Objection 9120190 
No Action 101 18190 

ARRC Objection 9120190 
No Action 101 18190 



ARRC Objection I II 14190 
ARRC Objection I II 14190 



SECRETARY OF STATE 

Securities Division 

18 NCAC 6 .1210 - Securities ExchgsiAutod Quot. Sys. Approved/Admin ARRC Objection 12120/90 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



1295 



ARRC OBJECTIONS 



STATE PERSON^SEL 



25 NCAC IB .0/07 


Personnel Commission Meetings 


ARRC Objection 


9/20,90 


25NCAC IB .0108 


Commission Staff 


ARRC Objection 


9120 90 


25 NCAC IB .0109 


Commission Actions 


ARRC Objection 


9120 90 


25 NCAC IB .0110 


Motions 


ARRC Objection 


9 1 20,90 


25 NCAC IB .0111 


Voting 


ARRC Objection 


9120, 90 


25 NCAC IB .0112 


Abstention 


ARRC Objection 


9:20 90 


25 NCAC IB .0113 


■ Duties of the Chairman 


ARRC Objection. 


9': 20 '90 


25 NCAC IB .0114 


Order of Business 


ARRC Objection 


9 '20 90 


25 NCAC IB .0115 


Special Meetings 


ARRC Objection 


9 20 90 


25 NCAC IB .0116 


■ Duties of Chairman Between Meetings of the Comm 


ARRC Objection 


9<20 90 


25 NCAC IB .0117 


■ Standing Special Committees 


ARRC Objection 


9 i 20,90 


25 NCAC IB .0118 


■ Minutes 


ARRC Objection 


9:20190 


25 NCAC IB .0119 


Notice of Commission Action 


ARRC Objection 


9:20: 90 


25 NCAC IB .0120 


■ Appointment of Vice-Chairman 


ARRC Objection 


9 20 90 


Agency Withdrew 


Rules .0107 - .0120 




10:18:90 


25 NCAC ID .0509 


- Se\erance Salary Continuation 


ARRC Objection 


1118,91 


25 NCAC IL .0201 


■ Purpose 


ARRC Objection 


9' 20:90 


25 NCAC IL .0202 


Policy 


ARRC Objection 


9:20:90 


Agency Withdre^v Rules .0201 - .0202 




IO1I8 90 



1296 



5:21 NORTH CAROLINA REGISTER February 1, 1991 



RULES INVALIDATED BY JUDICIAL DECISION 



Th 



his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. 
Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent 
(90 DHR 0792). 

10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Brenda B. Becton, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as appUed in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 DHR 

0770). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative Law Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Dawn Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF CERTIFICA TE 

Michael Rivers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as appUed in Autumn Corporation, Petitioner v. N.C. Depart- 
ment of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 NCAC 261 .0101 - PURPOSE: SCOPEj NOTICE OF CHANGE IN LEVEL OF CARE 

10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 .0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied in Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42W .0005 - REPORTING CASES OF RAPE AND INCEST 

The North Carolina Court of y\ppeals per. Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied m Rankin Whittington, Daniel C Hudgins, Dr. Takey 
Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources, David Flaherty, in his capacity as Secretary of the North 
Carolina Department of Human Resources, The North Carolina Social Services Commission, and C. 
Barry McCarty, in his capacity as Chairperson of the North Carolina Social Services Commission, De- 
fendants [100 N.C. App. (1990)]. 



5:21 NORTH CAROLINA REGISTER February 1, 1991 1297 



NORTH CAROLINA ADMINISTRA TIVE CODE CLASSIFICA TION SYSTEM 



The North Carolina Administrative Code (NCACj has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the NCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two, subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA ADMINTSTRATEVT CODE 



ITLE 


DEPARTMENT 


1 


Administration 


2 
3 


Agriculture 
Auditor 


4 
5 


Economic and Community 

Development 

Correction 


6 


Council of State 


7 


Cultural Resources 


8 


Elections 


9 


Governor 


10 


Human Resources 


11 


Insurance 


12 


Justice 


13 


Labor 


14A 
15A 


Crime Control and Public Safety 
Environment, Health, and Natural 




Resources 


16 


Public Education 


17 


Revenue 


18 
19A 

20 


Secretar>" of State 

Transportation 

Treasurer 


*21 
22 


Occupational Licensing Boards 
Administrative Procedures 


23 
24 
25 


Community Colleges 
Independent Agencies 
State Personnel 


26 


x\dministrative Hearings 



LICENSrSG BOARDS CHAPTER 

Architecture 2 

Auctioneers 4 

Barber Examiners 6 

Certified Public Accountant Examiners 8 

Chiropractic Examiners 10 

General Contractors 12 

Cosmetic Art Examiners 14 

Dental Examiners 16 

Electrical Contractors 18 

Foresters 20 

Geologists 21 

Hearing Aid Dealers and Fitters 22 

Landscape Architects 26 

Landscape Contractors 28 

Marital & Family Therapy 31 

Medical Examiners 32 

Midwifer>' Joint Committee 33 

Mortuary Science 34 

Nursing 36 

Nursing Home Administrators 37 

Occupational Therapists 38 

Opticians 40 

Optometry 42 

Osteopathic Examination and 44 
Registration 

Pharmacy 46 

Physical Therapy Examiners 48 

Plumbing and Heating Contractors 50 

Podiatry Examiners 52 

Practicing Counselors 53 

Practicing Psychologists 54 
Professional Engineers and Land Surveyors 56 

Real Estate Commission 58 

Refrigeration Examiners 60 

Sanitarian Examiners 62 

Social Work 63 

Speech and Language Pathologists and 64 
Audiologists 

Veterinary Medical Board 66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



129S 



5:21 NORTH CAROLINA REGISTER February I, 1991 



CUM U LA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 



Pages 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

iM - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary' Rule 



ADMIMSTRATION 

Auxiliary Services, 860 PR 

State Property and Construction, 411 PR 

ADMIMSTRATrV E HEARINGS 

Rules Division, 792 PR 



Issue 



1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 

957 - 1009 15 - November 

1010 - 1059 16 - November 

1060 - 1106 17 - December 

1107 - 1176 18 - December 

1177 - 1214 19 - January 

1215 - 1244 20 - January 

1245 - 1302 21 - February 



AGRICLLTLRE 

Markets, 737 PR 

Plant Conservation Board, 



1 PR 



5:21 NORTH CAROLINA REGISTER February I, 1991 



1299 



CUMVLA TIVE INDEX 



Plant Industrv. 739 PR, 1248 PR 

State Fair, 737 PR, 1248 PR 

Structural Pest Control Committee, 7 PR 

COMMLAH V COLLEGES 

Community Colleges, Department of, 1031 PR 

CORRECTION 

Division of Pnsons, 762 FR, 867 FR, 938 FR, 1035 FR, 1274 FR 

CRLME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMLN,TTV DEVELOPMENT 

Bankm2 Commission, 16 PR, 1062 PR. 1108 PR 
Commumty Assistance, 25 PR, 317 PR. 1110 PR 
Credit Union, 317 PR, 860 PR, 1251 PR 
Energy- Division, 1013 PR 

Hazardous Waste Management, 742 PR, 1109 PR 
Milk Commission, 24 PR, 741 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR, 1271 PR 

Envu-onmentaT .Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 

1121 PR, 1185 PR 
Hcdth Ser\ices, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR, 1188 PR 
Land Resources, 744 PR 
Marine Fisheries, 63 PR, 484 PR, 805 PR 
State Registrar, 1221 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment Facility Operators Board of Certification, 621 PR, 983 PR, 1272 PR 
Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 

924 PR, 1020 PR, 1074 PR, 1186 PR, 1220 PR 

FINAL DECISION LETTERS 

Votmg Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107, 1246 

FLSAL RULES 

List of Rules Codified. 143 FR. 226 FR. 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 
1166 FR, 1230 FR 

GO\ ERNOR/LT. GO\ ERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010, 1060, 1245 

HUMAN RESOURCES 

Aging. Di\ision of 704 PR 

Drug^Commission, 870 FR, 939 FR 

FaciUtv Ser\ices, 516 PR, 702 PR, 958 PR, 1116 PR, 1216 PR, 1251 PR 

Health Senices, 152 PR, 245 PR 

Medical Assistance, 191 PR, 911 PR, 1018 PR 

Mental Health, Developmental Disabilities and Substance Abuse Ser\-ices, 29 PR, 318 PR, 475 PR, 898 PR 

1219 PR 
Ser\ices for the Blmd. 412 PR 

Ser\"ices for the Deaf and the Hard of Hearing, 1065 PR 
Social Ser\-ices, 247 PR. 607 PR, 976 PR. 1262 PR 
Water Treatment Facility Operators Board of Certification, 27 PR 
Youth Ser\-ices, 261 PR, 1268 PR 



nOO 5:21 NORTH CAROLINA REGISTER February I, 1991 



CUMULA TIVE INDEX 



PsSLRANCE 

Actuarial Services Division, 480 PR 

Admission Requirements, 1220 PR 

Agent Services Division, 321 PR, 520 PR 

Engineering and Building Codes, 793 PR 

Financial Evaluation Division, 342 PR, 525 PR 

Eire and Casualty Division, 335 PR, 478 PR, 796 PR 

Life; Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 

Medical Database Commission, 1120 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR, 1178 PR 

Sheriffs' Standards Division, 608 PR 

LICENSING BOARDS 

Architecture, Board of, 1 162 PR 

Auctioneers Commission, 1093 PR 

Certified Public Accountant Examiners, 983 PR 

Cosmetic Art Examiners, Board of, 355 PR, 708 PR, 927 PR 

Dental Examiners, Board of, 1196 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Landscape Architects, Board of, 1273 PR 

Medical Examiners, Board of, 207 PR, 838 PR, 862 PR, 1222 PR 

Midwifery Joint Committee, 994 PR 

Mortuary Science, Board of, 749 PR 

Nursing, Board of, 300 PR, 496 PR, 994 PR, 1096 PR, 1 199 PR 

Nursing Home Administrators, Board of, 750 PR, 1203 PR 

Pharmacy, Board of, 1031 PR 

Physical Therapy Examiners, Board of, 443 PR 

Plumbing and Heating Contractors, Examiners, 621 PR, 1204 PR 

Practicing Psychologists, Board of, 755 PR 

Real Estate Commission, 625 PR, 863 PR 

NOTICE 

OAH, Change of Address, 1215 

NOTICE OF PETITION 

Municipal Incorporation, 1177 

PUBLIC EDUCATION 

Elementary and Secondary, 141 PR, 275 PR, 351 PR, 1028 PR, 1160 PR 

REVENUE 

Individual Income Tax, 359 ER, 1036 ER, 1277 ER 
Intangibles Tax Division, 1226 ER 
License and Excise Tax Division, 445 ER 
Sales and Use Tax, 213 ER, 453 ER, 872 ER 

SECRETARY OF STATE 

Corporations Division, 489 PR 

Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR 

STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR, 1206 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR, 1 195 PR 



5:21 NORTH CAROLINA REGISTER February I, 1991 1301 



CUMULA TIVE INDEX 



Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Hialiwavs. Division of, 765 FR, 883 FR, 1038 FR, 

Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR, 1290 FR 



B02 5:21 NORTH CAROLINA REGISTER February 1, 1991 



NORTH CAROLINA ADMINISTRATIVE CODE 

I he full publication consists of 53 volumes, totaling in excess of 15,000 pages. It is supplemented monthly 
with replacement pages. A one year subscription to the full publication including supplements can be 
purchased for seven hundred and fifty dollars ($750.00). Individual volumes may also be purchased with 
supplement service. Renewal subscriptions for supplements to the initial publication are available at one- 
half the new subscription price. 

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Coastal Management 
EHNR 
Wildlife 


$750.00 
90.00 
75.00 
75.00 
10.00 
45.00 
90.00 
60.00 
30.00 

60.00 
10.00 
45.00 
30.00 
90.00 

45.00 
30.00 
30.00 
30.00 
30.00 
30.00 
60.00 
45.00 
75.00 
90.00 
30.00 
60.00 
45.00 
90.00 
90.00 
90.00 
30.00 
45.00 
45.00 

45.00 
90.00 
45.00 
45.00 
30.00 
45.00 




1 




2 




3 




4 




5 




6 




7 




8 




9 




10 




11 




12 




13 




14 




15 




16 




17 




18 




19 




20 




21 




22 




23 




24 




25 




26 




27 




28 




29 




30 




31 




32 




33 




34 




35 




36 




37 




38 






Continued 



Total 
\ olume Title Chapter Subject Subscription* Quantity Price 



39 


15A 


40 


15A 


41 


16 


42 


17 


43 


17 


44 


18 


45 


19A 


46 


20 


47 


21 


48 


21 


49 


21 




-)-> 


50 


23 


51 


24 


52 


25 


53 


26 







New 


Chapter 


Subject 


Subscription 


11 - 18 


EHNR 


90.00 


19- 26 


EHNR 






(includes Breathalizer) 


75.00 


1 -6 


Education 


30.00 


1 - 6 


Revenue 


75.00 


7- 11 


Revenue 


60.00 


1 -7 


Secretar%' of State 


30.00 


1 - 6 


Transportation 


90.00 


1 - 9 


Treasurer 


45.00 


1 - 16 


Licensina Boards 


75.00 


17-37 


Licensine Boards 


75.00 


38- 70 


Licensins Boards 




1 - '' 


Administrative Procedures 


75.00 


1 - 2 


Communitv CoUeaes 


10.00 


1 -2 


Independent Agencies 


10.00 




State Personnel 


60.00 


1 - 4 


Administrative Hearings 


10.00 



Total for \'olumes 

Sales tax (if applicable) 

Total Amount 

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* This price includes the title in its current form plus supplementation for the subscription year. 
Subscription years arc January I through December 31. 



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